Whitmore v. Reynolds

Citations

• 46 Cal. 380

Syllabus

<p>Proof of Sum Dub on a Mortgage.—If'an answer, in an action to foreclose a mortgage, denies that there is money due on the debt the mortgage was given to secure, the mortgage is competent evidence for the plaintiff to prove the sum due.</p> <p>Proof to Reduce Sum Dub on Mortgage.— If two persons buy property together, and one furnishes all the money, and the other, to secure him for one half the money advanced for such other, mortgages other property, and the two then agree, in writing, that the mortgage is given for money advanced in the purchase, and that in the settlement of accounts the mortgagor shall be allowed reasonable compensation for services as an attorney which he may render in perfecting the title to the property purchased, the value of the services rendered as attorney under the contract may be proved for the purpose of reducing the amount due on the mortgage.</p>