Fish v. Fowlie

Citations

• 58 Cal. 373
• 1881 Cal. LEXIS 239

Syllabus

<p>Land—Definition—Execution—Attachment.—The term. “land” embraces all titles, legal or equitable, perfect or imperfect, including such rights as lie in contract—those which are executory as well as those which are executed. Any interest, therefore, in land, legal or equitable, is subject to attachment or execution.</p> <p>Id.—Id.—Id.—Id.—Mortgage.—P. holding a contract to purchase land from G., his interest was sold under execution and purchased by the intervenor, who, after receiving his deed, in due time tendered the balance of the purchase money to G. and demanded a deed. G. refused to receive the money or to make the deed, and in execution of his contract conveyed the land to the wife of F. and to E. F., the wife of one of the plaintiffs—to whom also a tender of the money and a demand for a deed was made by the intervenor. Afterward E. F. conveyed to F. and his wife, and they executed a mortgage to the plaintiffs to secure the consideration for the conveyance.</p> <p>Held, In an action for foreclosure, that the intervenor, upon paying into Court—to be applied to the payment of the mortgage debt—the amount of the principal and interest due to the defendants for the purchase money paid under the contract of sale, was entitled to a cancellation of the mortgage.</p>