Ward v. De Oca

Citations

• 120 Cal. 102
• 52 P. 130
• 1898 Cal. LEXIS 719

Syllabus

<p>Mobtgages—Foeeclosube—Deficiency Judgment—Quitclaim Deed fbom Mobtgagob—Nonliability to Mobtgagee—Assumption of Mobtgages by Subsequent Gbantbes—Lack of Pbivity.—A quitclaim deed from the mortgagor of the mortgaged premises, in which no reference is made to the mortgages thereupon, imposes no personal liability to the mortgagee upon the person receiving it; and a subsequent deed of grant from him, reciting that the grantee did “assume and agree to pay” the mortgages, and another deed of grant from the grantee to another grantee containing a similar recital, do not create any privity between the subsequent grantees and the mortgagee, or impose upon them any personal liability to the mortgagee, nor can either of such subsequent grantees he subjected to a deficiency judg- , ment upon foreclosure of the mortgages.</p> <p>Id.—Liability of Gbantee of Mobtgagob Assuming Mobtgage Debt — Subetyship—Limits of Rule—Gbantob must be Liable.—The right of a mortgagee to recover a deficiency judgment directly against the grantee of the mortgagor who has assumed to pay the mortgage debt, springs from the rule • of equity that' a creditor is entitled to the benefit of any obligations or securities given by his debtor to one who has become surety of such debtor, for the payment of the debt; but this principle is only applicable to a case where the grantor is personally liable for the mortgage .debt, and does not apply where no such liability exists.</p> <p>Id.—Findings—Absence of Notice of Liability of Gbantob—Assumption of Liability as to Land Only—Liability of Gbantob as Agent of Mobtgagee Immatebial.—Where the court found upon sufficient evidence that neither of the subsequent grantees had any notice at the time of his conveyance of any personal liability to the mortgagor of the person who received the quitclaim deed from him, and that it was not intended that either of such grantees should assume or pay the notes described in the mortgages, but merely that they should remain li