Hellman v. Howard

Citations

• 44 Cal. 100
• 1872 Cal. LEXIS 160

Syllabus

<p>Admission in Pleading Binds a Party.—When it is admitted, by the pleadings that a promissory note in suit given to a married woman was assigned by the payee to the plaintiffs, the question cannot be raised on the trial whether the assignment was made in such form as to pass the interest of a married woman.</p> <p>AIeanikxí oe . Word “Deed.”—The word “deed” in its largest sense includes a. mortgage, hut when it appears from the language of a contract that it was used therein in a limited sense, and as meaning an instrument conveying the title to land, it will not he held to include a mortgage, in construing the contract.</p>