Dunn v. Schell

Citations

• 122 Cal. 626
• 55 P. 595
• 1898 Cal. LEXIS 645

Syllabus

<p>Mortgage—Vbsted Future Interest—Lands Devised by Deceased Person—Postponement of Enjoyment.—Upon the death of a testator, each devisee of lands devised by him, and directed to he kept and remain intact and undivided and undistributed until the youngest son becomes of age, acquires a vested future interest in the lands of the deceased, which is subject to be transferred or mortgaged by the devisee in like manner as if It were an estate in possession.</p> <p>Id.—Foreclosure—Estate of Purchaser.—Upon the foreclosure of a mortgage of the estate devised, given by one of the devisees, the purchaser will take only the share and interest in the estate of the decedent, which, but for the mortgage and foreclosure, the mortgagor himself would have taken; and the “intact” quality impressed by the testator upon the lands by the will, cannot he affected by the mortgage and sale thereunder.</p> <p>Id.—Finding—Subordination of Interests of Codevisees.—In the action to foreclose the mortgage In which the co-devlsees answered claiming an interest in the mortgaged property, a finding that the interest of the co-devisees are subordinate and subject to the lien of the mortgage will be construed to mean merely that they have no rights in the share of the mortgagor which is not subordinate to the lien of the mortgage.</p>