Marshall v. Livermore Spring Water Co.

Citations

• 2 Cal. Unrep. 417
• 5 P. 101
• 1884 Cal. LEXIS 808

Syllabus

<p>Statute of Frauds.—An Agreement to Create a Lien on Real Estate will be void unless made in writing, subscribed by the party to be charged. It is not necessary to allege, in an action to enforce such lien, that the agreement was in writing.</p> <p>Mortgage.—A Foreclosure Decree must not Direct a Sale of a Greater Interest than that mortgaged; it cannot embrace property of the mortgagor acquired subsequently to the execution of the mortgage.1</p>