O'Rourke v. O'Connor

Citations

• 39 Cal. 442

Syllabus

<p>Deed as a Mobtgaqe.—Liability of Pbopebty Conveyed fob Debts of Guantes. — O’R. conveyed certain premises to C. as security against liability on a bail bond. The deed was duly recorded, but there was no evidence in writing of the purpose for which it was executed. O’R., or Ms tenant, continued in the possession of the premises. The bail was exonerated, and 0. reconveyed the land to O’R.; but before the last conveyance was recorded, O’C. attached the property for a debt due him by 0. Meld, that the property was not liable for C’s debt to O’C, and a Court of equity will interpose by injunction to restrain the execution of O’C’s judgment.</p> <p>Notice.—Possession.—The possession of the owner, or Ms tenant, is sufficient to put a person dealing with the property upon inquiry; and the law will charge Mm with notice of all those facts which ho might have ascertained by using proper diligence.</p> <p>Judgment Lien—The holder of a lien acquired by judicial process, occupies no better position than a purchaser with notice.</p>