Redfield

Commercial Bank of Madera v. Redfield

Good Law
122 Cal. 405·1898 Cal. LEXIS 598·55 P. 160
Supreme Court of CaliforniaNovember 22, 1898Sac. No. 461California1,524 words

Opinion

Lead Opinion

Chipman, J.

Foreclosure of mortgage on real property. It appears from the findings that the promissory note and mortgage, the subject of the action, were made by defendants O. T. and Phebe Redfield to defendant Roberts, and by Roberts was assigned to plaintiff before the maturity of the note, with written guaranty of payment at maturity indorsed thereon. Included in the mortgage with other lots was lot 14, block 60, town of Madera. ¡November 11, 1893, the Redfields (mortgagors) sold this lot to defendant Lazar Popovich, who promised the Red-fields that he would pay the note and mortgage. June 28, 1894, Lazar Popovich conveyed said lot, consideration love and affection, to his wife, defendant Viola Popovich, the deed reading: “Subject to the mortgages on the same to the amount of three thousand and eighty-six dollars, and interest on the same.” The finding is, that “she did not at that time, or at any other time, promise said plaintiff Roberts, Lazar Popovich, or the Redfields that she would pay or discharge said note, or any part thereof.” December 8, 1894, said Viola and Lazar Popovich conveyed a half interest in the lot to defendant Milan Vucovich,. “subject to said mortgage.” On or about…

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