Guy v. Dü Uprey

Citations

• 16 Cal. 195
• 1860 Cal. LEXIS 206

Syllabus

<p>A mere stranger, who voluntarily pays money due on a mortgage, and fails to take an assignment thereof, but allows it to be canceled and discharged, cannot afterwards come into equity, and, in the absence of fraud, accident or mistake of fact, have the mortgage reinstated and himself substituted in the place of the mortgagee.</p> <p>Carr v. Caldwell (10 Cal. 380) was peculiar in its facts, and the decision must be considered with reference to the facts. The reasoning of the opinion is, in some respects, untenable.</p> <p>Dillon v. Byrne (5 Cal. 455) commented on.</p> <p>Cases cited as to whether and when payment of money due on a mortgage operates as a discharge or as an assignment of the mortgage.</p> <p>A party erecting buildings upon the property of an infant, under contract with his guardian, made without authority of law, has no equitable lien on the property for the value of the improvements—such party being fully informed of the title and condition of the property.</p>