Filipini v. Trobock

Citations

• 6 Cal. Unrep. 589
• 62 P. 1066

Syllabus

<p>Mortgage Foreclosure—Statute of Limitations.—Where the Trial Court Finds facts showing that a suit to foreclose a mortgage is not harred, failure to find expressly that the suit is not .harred is immaterial.</p> <p>Mortgage—Estoppel.—Where the Vendee in an Unrecorded Deed, acting as attorney in fact for the vendor, procures a mortgage for the latter on the property, and represents that the vendor is the owner, he is estopped thereafter to sei up title to the land except in subordination to the mortgage.</p> <p>Mortgage—Estoppel.—Where the Vendee in an Unrecorded Deed, acting as attorney in fact for the vendor, procures a mortgage on the latter’s property, and represents that the vendor is its owner, one succeeding to his interest as a mere volunteer is equally estopped to set up title except in subordination to the mortgage.</p> <p>Mortgage Foreclosure.—Error in Admitting Secondary Evidence to prove a note in a suit to foreclose a mortgage given as security is waived by failure to object at the time.</p>