Godfrey v. Monroe

Citations

• 101 Cal. 224
• 35 P. 761
• 1894 Cal. LEXIS 1012

Syllabus

<p>Attachment—Deed of Trust—Conveyance as Security—Sale Under Execution—Relation.—Where the owner of land conveyed it by deed of trust to a third person, with power to sell the property and pay the indebtedness of the grantor to an improvement company, and subsequently executed a deed thereof to the improvement company, and a contemporaneous agreement was entered into between the three parties reciting that the land was conveyed to the improvement company with the consent of the trustee to secure payment of the indebtedness, and providing that as soon as the indebtedness was paid out of receipts of the sale of the lands the company should deed the residue of the property remaining unsold to the grantor, such deed and agreement constitute a mortgage with a power of sale; and the interest of the mortgagor in the property so conveyed is subject to attachment, and a subsequent sale thereof under a judgment recovered against the grantor relates back to the time of levy of the attachment.</p> <p>Id.—Description of Property—Identity—Variance.—Where a variance between the description of the property attached and that contained in the sheriff’s deed under the execution, as to the number or name of the block in which the property was situated, is such that no one could be misled thereby, and the description in the return is sufficient to notify a purchaser of the lots, and to enable the sheriff to identify the same, such variance is immaterial.</p>