Ingham v. Weed

Citations

• 5 Cal. Unrep. 645
• 48 P. 318
• 1897 Cal. LEXIS 983

Syllabus

<p>Mortgage—Payment of Portion as Discharge.—Where One Who is Obligated, as between himself and a mortgagor, to pay a portion only of the mortgage debt, pays such portion, and afterward pays the balance due, the payment does not extinguish the mortgage as to such balance.</p> <p>Mortgage Foreclosure.—The Assignee of a Mortgage, by an Assignment absolute on its face, may maintain an action to foreclose in his own name, though, by a collateral agreement, he may be bound to account for the proceeds to another.</p> <p>Mortgage Foreclosure—Parties.—One Who has Transferred All His Interest in mortgaged property is not a necessary party to an action to foreclose.</p>