Doe v. Vallejo

Citations

• 29 Cal. 385

Syllabus

<p>Judgment in Foreclosure fixing Boundaries of Land Mortgaged.—Where the description of the land mortgaged, as written in the mortgage, contains a latent ambiguity which renders it uncertain what are the boundaries of the premises mortgaged, the Court may, in an action to foreclose the mortgage, as between the mortgagee and mortgagor or his grantees, determine, and by its judgment fix the boundaries of the land upon which the lien has attached.</p> <p>Order denying New Trial in an Equity Case.—On an appeal from an order denying a new trial in an equity case, the appellate Court, under the system of practice in force in this State, will apply the same rule with reference to balancing conflicting testimony which it would if it had been an action at law.</p> <p>Description of Land in Conveyance.—Although distances and quantity must yield to natural monuments in determining the boundaries of land, yot they are entitled to some weight in getting at the intention of the parties where there is a latent ambiguity as to what monument was intended.</p> <p>Interest upon Interest Past Due.—If by the terms of a promissory note the interest is due and payable at the end of. every six months, the payee is not entitled under the statute of this State to interest upon interest if the instalments of interest are not paid as they fall due, unless there is an express provision in writing to pay such interest.</p>