Haffley v. Maier

Citations

• 13 Cal. 13

Syllabus

<p>A mortgage on public land, or the improvements thereon, is not void because it does not follow the provisions of the Chattel Mortgage Act. That act gives a new remedy, but does not take away the old.</p> <p>The mortgagor having mortgaged the land as his own property is estopped, as are his privies in estate, from saying it is public land.</p> <p>A mortgage is a mere security for a debt, and does not pass the fee, nor give a right of eni ry. Hence, if land mortgaged is sold, the vendee of the mortgagor cannot be ousted from possession by a purchaser under the decree of foreclosure and sale, unless such vendee was made a party to the foreclosure suit.</p>