Thomson v. Bettens

Citations

• 94 Cal. 82
• 29 P. 336
• 1892 Cal. LEXIS 642

Syllabus

<p>.Foreclosure of Mortgage — Deficiency Judgment — Assumption of .Mortgage Debt by Grantee of Mortgagor — Burden of Proof — Agency. —In order to render the grantee of a mortgagor liable for a deifieiency judgment in an action to foreclose the mortgage, the mortgagee .must affirmatively show an agreement between the mortgagor and his •grantee for the assumption of the payment of the mortgage debt by the grantee; and where such agreement is denied, and there is no direct • evidence thereof besides the evidence of the mortgagor that he bought the land as the agent of the grantee, and transferred it to him as his principal, and that in other cases where he had bought lands for the principal he had assumed mortgages thereon, a finding of the trial court that the mortgage debt was not assumed by the grantee of the mortgagor will not be disturbed upon appeal.</p>