Henderson v. Grammar

Citations

• 53 Cal. 649

Syllabus

<p>Binding not Supported by the Evidence.—The Court found that the defendant assigned certain certificates of purchase for State land with intent to defeat the plaintiffs mortgage security: held, that urider the circumstances of the case the finding was- not supported by the evidence.—[Reporter..]</p> <p>Junior Mortgagees of Land Held by State Certificates of Purchase. The holder of State certificates of purchase for lands gave a mortgage of the lands to secure a debt, and subsequently assigned the certificates to his brother, and gave a second mortgage aá security for another loan. The second mortgage was recorded, hut the assignment and the first mortgage were not. The brother died, leaving heirs, and the first mortgage was subsequently foreclosed without making the heirs or legal representatives of John McTucker parties defendant, the mortgagee purchasing at the sale and taking the Sheriff’s deed, no redemption having been made. The heirs surrendered the certificates to the State, and received the patent: held, that the foreclosure and sale had the same effect upon the title as though the heirs had been parties to the foreclosure proceedings, and the heirs must seek their relief as junior mortgagees, or for expenditures in perfecting the title.—[Reporter.]</p>