Meyer v. Gorham

Citations

• 5 Cal. 322

Syllabus

<p>A mortgage stipulating for the enjoyment of the possession of personal property by the mortgagors until breach of the condition, is iuvabd under the seventeenth section of our statute of frauds, as to all persons except the parties to it.</p> <p>If the mortgagee took immediate and actual possession of the property in the absence of any contract concurrent or subsequent to the mortgage, conferring any greater authority than that contained in the mortgage, he cannot claim by virtue of such possession, because the covenants of the mortgage show that he was not entitled to such possession.</p> <p>Under such a mortgage the mortgagee cannot claim the right of possession as against a Sheriff who has attached the property as that of the mortgagors.</p>