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63 Cal. 332

Dufficy v. Shields

California Supreme Court

Decided April 20, 1883

California Supreme Court · decided 1883-04-20

<p>Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.</p> <p>The facts are stated in the opinion of the court.</p>

Cited by 1 later decisions — most recently October 1894

1 state decisions

Relies on Gassner v. Patterson

Good law ✅— No negative treatment on recordhow we know

Decided 1883-04-20

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Pee Curiam.

¶1If the mortgage in question was made to *333secure the purchase money of anything besides one half of the upholstery and furniture used in the Brooklyn Hotel, it is void. (Civil Code, § 2955; Gassner v. Patterson, 23 Cal. 299.)

¶2By the mortgage, “the mortgagor mortgages to the mortgagee his interest, being an undivided one half of all the effects and all belongings, of whatever nature or kind, of, in, and to the hotel in the city and county of San Francisco, State of California, known as the Brooklyn Hotel, ¡Nos. 210 and 212 Bush Street, together with all the furniture, carpets, beds and bedding, etc., etc.; also, the unexpired term of the lease of said premises, good will, and all and everything connected with or appertaining to said hotel, as security for the' payment to him of the sum of thirteen thousand dollars ($13,000) gold coin, on the 24th day of June, A. D. 1877, being the balance due on the purchase money of said and foregoing interest in the effects and things above mentioned, in and to the Brooklyn Hotel.”

¶3It is as clear as anything can be, from the loose manner in which the instrument is drafted, that the purchase money intended to be secured by it was the balance due of the purchase money of all the property included in the mortgage, which embraced other property than the upholstery and furniture used in the hotel.

¶4Judgment and order reversed and cause remanded.

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