Tartar v. Hall

Citations

• 3 Cal. 263

Syllabus

<p>A paity is not allowed to controvert the declaration he has made by deed.</p> <p>The defendant bought of the plaintiff a pre-emption right to a tract of land, the title to which was in the United States, took a deed for it, and gave his note for the purchase-money, secured by his mortgage of the premises conveyed. The plaintiff brought suit for the recovery of the note and mortgage, and defendant pleaded want of consideration. Held, that the mortgage operated an estoppel to the defence set up.</p>