Peters v. Jamestown Bridge Co.

Citations

• 5 Cal. 334
• 1855 Cal. LEXIS 133

Syllabus

<p>A mortgage unsatisfied upon the record is a subject of sale to all innocent parties.</p> <p>The purchaser of a mortgage cannot be charged with consfructive notice of any thing subsequent to the mortgage, except its assignment or satisfaction duly entered of record.</p> <p>A deed from a mortgagee to a third party, -for the conveyance of mortgaged premises, does not operate as an assignment of the mortgage.</p> <p>A mortgage is a mere security for a debt, and cannot pass without a transfer of the debt.</p>