McCaughey v. McDuffie

Citations

• 7 Cal. Unrep. 175
• 74 P. 751
• 1903 Cal. LEXIS 944

Syllabus

<p>Mortgage—Deed Absolute.—Where Plaintiff’s Land was Conveyed to M. as security for a loan, to be conveyed by the latter to W., or his order, on repayment of the amount—the agreement being for plaintiff’s benefit—evidence held not to support a finding that the reconveyance was conditioned on plaintiff’s paying W. a certain additional sum.</p> <p>Mortgage—Deed Absolute—Strict Foreclosure.—Where a conveyance of land, absolute in form, is intended as a mortgage to secure a loan, a decree of strict foreclosure, vesting title in the grantee upon nonpayment within a specified time, and without a foreclosure sale, will not be made.</p>