Vallejo Land Ass'n v. Viera

Citations

• 48 Cal. 572
• 1874 Cal. LEXIS 205

Syllabus

<p>’.Mortgage in Fee.—A mortgage in fee is, for the purposes of the statute which provides that if any person shall convey any real estate by conveyance, purporting to convey the same in fee simple, an estate subsequently acquired by the grantor shall pass to the grantee, a conveyance in fee.</p> <p>[Decree Enforcing Mortgage.—When the mortgage conveys the estate in fee simple absolute, a decree enforcing the same is, in effect, a decree that the estate vested in the mortgagor at the date of the mortgage, as well as that which shall-at any time come to him, be sold, and the Sheriff ’s deed to the purchaser operates to transfer to such purchaser the ■estate so directed to be sold.</p> <p>Sheriff’s Deed on Mortgage Sale.—The rule that a Sheriff’s deed, delivered upon execution sale, transfers to the grantee only such estate as, at the time of sale, was held by the defendant in the execution, has no application to a Sheriff’s deed made under a decree enforcing a mortgage in fee.</p> <p>Estoppel by Mortgage—A mortgagor, who mortgages in fee, is estopped from denying that the estate mortgaged was other or less than an estate in fee simple.</p> <p>Merger of Mortgage in Decree.—A mortgage, although in some sense merged in the decree, remains a muniment of the title which passes to the purchser at the mortgage sale, to be looked to, not only for the purpose of ascertaining the time at which the mortgage lien attached, but also (in the absence of express directions in the decree limiting the estate to be sold) the estate conveyed by way of mortgage.</p>