Donald v. Beals

Citations

• 57 Cal. 399

Syllabus

<p>Record—Constructive Record—Actual Record—Innocent Purchaser— Mortgage.—A mortgage is deemed in law to be recorded when deposited for record in the recorder’s office; but where there is a conflict in the dates between the actual record as it appears on the record book and the constructive record by the indorsement made upon the instrument at the time when it was deposited, the latter must give way to the former, unless those dealing with the former had notice and knowledge of the latter.</p> <p>Id.—Id.—Id.— Id.—Id.—Notice.—The facts in this case, as stated by the Court, held sufficient to put a subsequent mortgagee upon inquiry.</p> <p>Notice—Agent.—If an agent, at the time of effecting a purchase, have knowledge of any prior lien, his principal is affected thereby.</p> <p>Mistake —Mortgage—Equity.—Of the power of a court of equity to reform a mortgage by going back to the original mistake, and correcting all subsequent mistakes which grow out of it, there can be no doubt.</p>