Eastman
Eastman v. Cook
Opinion
Lead Opinion
Sharpstein, J.
— On the nineteenth day of January, 1876, Cyrus A. Eastman, then being the owner of a tract of land in Solano County, conveyed the same to defendant George Cook. The purchase price was the sum of three thousand two hundred dollars, of which two hundred dollars was paid at the date of the conveyance, and for the residue, Cook gave his promissory-note, payable five years after date, and to secure the payment thereof executed a mortgage on the premises. On May 27, 1876, Cook conveyed the premises to one John White. That deed was recorded on June 7,1876. On November 10, 1877, John White conveyed the premises to defendant Fanny White, his then wife, and the deed was recorded on the 29th of December, 1877. On the nineteenth day of December, 1883, defendant Fanny White *239 conveyed the premises to defendant Charlotte Harriet Cook, wife of defendant George Cook. That deed was never recorded. On the twenty-second day of September, 1887, defendant Fanny White executed another deed of the same premises to defendant Charlotte Harriet Cook, which was recorded February 1, 1888. On the 14th of January, 1885, Cook made another note to said Cyrus A. Eastman, for three thousand dollars, payable…