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· 3/13/1891

Peers v. McLaughlin

Citations

  • 88 Cal. 294
  • 26 P. 119
  • 1891 Cal. LEXIS 689

Syllabus

<p>Equitable Mortgage — Lien for Purchase-money — Mortgage by Natural Guardian of Minors. — A mortgage signed by a father for himself and as guardian of his minor children, given to secure the balance of the purchase price of land conveyed to himself and them, may be enforced as an equitable mortgage upon the whole land, and the interest of the minors acquired under the deed is subject to its lien, though it does not appear whether any portion of the money paid belonged to the minors, or whether the father was or was not in fact the guardian of their estates.</p> <p>Id. — Mortgage Defectively Executed. — A mortgage defectively executed, or an imperfect attempt to create a mortgage upon specific property for the purpose of securing a debt, creates in equity a specific lien upon the property intended to be mortgaged.</p> <p>Id. — Maxim of Equity. — Equity treats that as done which the parties agreed to have done, and which ought to have been done.</p> <p>Id.—■ Taker of Benefit must Take Burden.—No person, whether a minor or adult, can apply to his own use the beneficial part of a transaction and reject its burdens.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an attorney violated Rule 1.4 where she failed to communicate with her client regarding pending court appearances
  • accepting petition for voluntary discipline and imposing a 180-day suspension with conditions on attorney with disciplinary history for her violations of various disciplinary rules in five separate disciplinary matters, including violations of Rule 1.3 in three different client matters
  • accepting petition for voluntary discipline and imposing a 180-day suspension with conditions on attorney with disciplinary history for her violations of various disciplinary rules in five separate disciplinary matters, including violations of Rule 1.3 in three different client matters
  • imposing 180-day suspension with conditions for reinstatement for violations of various Rules including 5.5 (a), 8.1 (a), and 9.3 in connection with five disciplinary matters where 16 The Special Master also determined that ABA Standard 9.32 (d) (good- faith effort to make restitution
  • 180-day suspension with conditions upon reinstatement for violations of * Rules 1.3, 1.4, 1.5, 1.16 (d), and 9.3 in five disciplinary matters
  • 180-day suspension with conditions for reinstatement for violations of Rules 1.3, 1.4, 1.5 (c) (1), 1.16 (d), 5.5 (a), 8.1, and 9.3 in connection with five disciplinary matters

Source: CourtListener parenthetical corpus (CC0).

Judges: Haven

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