Brown v. Witts

2 Citing cases

  1. Adler v. Sargent

    109 Cal. 42 (Cal. 1895)   Cited 30 times
    Upholding a prior assignment of a mortgage, even though it was not timely recorded

    The delivery to Sargent of the genuine mortgage was ineffectual to transfer the genuine note, and without the genuine note the mortgage is of no value and has no assignable quality. (Polhemus v. Trainer , 30 Cal. 686; Brown v. Witts , 57 Cal. 304; Kellogg v. Smith , 26 N.Y. 18.) A note secured by mortgage has all the characteristics and privileges of commercial paper.

  2. Bank of Sonoma County v. Gove

    63 Cal. 355 (Cal. 1883)   Cited 3 times

             C. V. Grey, for Appellant, cited Civil Code, § 3123; Code Civ. Proc. § 368; Vinton v. Crowe, 4 Cal. 309; Hayward v. Stearns, 39 Cal. 58; Hart v. Cooper, 47 Cal. 77; Brown v. Witts, 57 Cal. 304; Fuller v. Hutchings, 10 Cal. 523; Baxter v. Little, 6 Met. 7.          A.