3 Cal. 263
Decided October 15, 1853
California Supreme Court · decided 1853-10-15
This action was brought for the recovery of a promissory note, dated the 28th October, 1852, for f>1864, payable March, 1853, from defendant to plaintiff; and the complaint sets forth a mortgage of the same date, for securing the payment of the said note, on the day specified, which mortgage is a lien upon the land described, “a pre-emption claim of 160 acres of land, subject to the survey of the government,” and which was on the day of the execution of the said mortgage,…
Good law ✅— No negative treatment on recordhow we know
Decided 1853-10-15
Cited by 8 later decisions — most recently December 1936
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court. Wells, Justice, concurred.
¶2The mortgage executed by the defendant, operates an estoppel to the defence he has set up; according to well-established principles of public policy, for the security of good faith and fair dealing, a party is not allowed to controvert the declarations which he has made by deed, or to deny the enforcement of rights which he has thus attempted to confer.
¶3Judgment affirmed.