Wise v. Williams

Citations

• 5 Cal. Unrep. 197
• 42 P. 573
• 1895 Cal. LEXIS 1172

Syllabus

<p>Administrators.—-A Finding That a Claim was not Allowed by an administratrix is improper where the only evidence on that issue was the testimony of the attorney of said administratrix, read from a transcript taken on a former trial before another judge, and was to the effect that he signed the allowance at her request and in her presence.</p> <p>Mortgage.—A Finding That a Mortgage was not Intended to secure a note executed by the mortgagor prior to the mortgage is not sustained by the evidence where it appears that the mortgage was executed to secure a running account, that the amount of said note was charged to the account, that the note was surrendered and a statement of his indebtedness rendered to the mortgagor without objection, that at the time the mortgage was executed the mortgagees had for sale merchandise of the mortgagor of almost equal value with his then indebtedness, and the only testimony of an opposite tendency was that of the mortgagee’s bookkeeper, who stated that the “mortgage was not given to secure any special indebtedness,” and that said note “was evidently surrendered and a new note taken.”</p>