Lick

Lick v. Anderson

Good Law
1916 Cal. App. LEXIS 192·29 Cal. App. 491·156 P. 70
Court of Appeal of CaliforniaJanuary 28, 1916Civ. No. 1636.California873 words

Opinion

lead Opinion

This is an appeal from a judgment in plaintiff’s favor, the only appellant being the defendant Maria Ohlsen.

The following are substantially the facts of the case: In the month of February, 1911, Charles W. Anderson and his wife were the owners of a certain lot in San Francisco, upon which there was outstanding a mortgage for the sum of one thousand eight hundred dollars. During that month the Andersons executed a trust deed to E. W. Lick, the plaintiff and respondent therein, to secure their promissory note for the sum of seven hundred dollars, with interest. On April 1, 1911, they conveyed the property to Henry J. Ohlsen and Maria Ohlsen by a deed which contained the following provision: “Subject to a deed of trust for $700, dated February 23, 1911; also a certain mortgage of $1,800, dated February 23, 1911, which the grantees herein hereby agree and assume to pay.” This deed was recorded on May 9, 1911. In October, 1911, the Ohlsens conveyed the property to Clara B. Lucier by a deed which recited that the property was subject to the two foregoing encumbrances. At the time of executing this deed Maria Ohlsen also executed an assignment of the title insurance policy to Clara B.…

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