McCabe v. Grey

Citations

• 20 Cal. 509
• 1862 Cal. LEXIS 69

Syllabus

<p>When a creditor, having a debt due him secured by mortgage, assigns the debt and mortgage, a judgment in fiivor of a third person against the creditor purchased by the debtor after 'the assignment, but before notice of it to him, constitutes an offset pro tanto to the debt in an action upon it by the assignee.</p> <p>Whether the term “ conveyance,” as used in the Act of 1850 concerning Conveyances, includes an assignment of a mortgage.—Query.</p> <p>Under the Act of 1850 concerning Conveyances, the recording of a conveyance is constructive notice to none except subsequent purchasers and mortgagees. The words “ shall impart notice to all persons of the contents thereof,” in the twenty-fifth section, are controlled by the provision immediately following in the same section, that “ subsequent purchasers and mortgagees shall be deemed to purchase with notice.”</p>