Jones v. Gardner

Citations

• 57 Cal. 641

Syllabus

<p>Foreclosure—Mortgage—Deed Intended as a Mortgage.—The defendant borrowed from the plaintiff $1,350, for which he agreed to pay the plaintiff, a year after date, $1,600; and to secure the payment thereof, executed a deed of conveyance for certain lands to the plaintiff, and the plaintiff at the same time executed to the defendant a bond conditioned for the reconveyance of the land on or before the expiration of the year, provided the defendant should have paid the said $1,600. In an action to foreclose, held, that the plaintiff was entitled to a judgment against the defendant in the usual form for the sale of the premises, and for the docketing of a judgment for any deficiency resulting.</p> <p>Id.—Id.—Id.—Interest.—1-Ield, further, that the plaintiff was entitled to interest on the $1,600 from the time that the mortgage debt became due.</p> <p>Id.—Id.—Id.—Sale oe Real Estate.—Held, further, that the Court was not bound to find whether it would be to the advantage of the defendant to have the mortgaged lots sold separately.</p> <p>Id.—Id.—Id.—The power of the Court to refer a case to referees depends upon the pleadings, and a reference may be ordered in any equity suit, where either party alleges facts showing an Accounting to be necessary.</p>