Swift v. Kraemer
Citations
- 13 Cal. 526
Syllabus
<p>E, ax unmarried man, executed two mortgages upon a lot of land. Subsequently be marries, and then executes a new mortgage to persons who pay oil the first mortgages upon their being released. Tiie release of the old, and the execution of the new, mortgage, were on the same day. The wife did not sign the new mortgage. Held, that, in equity, the transaction is an assignment of the first mortgages in consideration of the money advanced by the second mortgagees; not the creation of a new incumbrance, but changing the form of tiie old.</p> <p>In such case, neither E, nor a purchaser of the property from him after the death of the wife, can hold it free'of the second mortgage.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- error to charge on the definition of accessory “without any statement to the jury that the defendant, if guilty of being an accessory after the fact, could not be convicted as such under the indictment for murder”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldwin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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