Braun v. Crew
California Supreme Court
183 Cal. 728, 192 P. 531 (1920)
- Written by Daniel Clark, JD
Facts
Thomas Crew and Penninnah Crew (defendants) owned a piece of land. The Crews mortgaged the land to Braun (plaintiff) to secure a promissory note payable in three years. The mortgage was properly recorded. The Crews sold the land, and the land continued to be conveyed to several holders until it came to be owned by Clyde Cate. None of the transferees in any of the conveyances agreed to assume primary responsibility to pay the mortgage note. As the maturity date for the mortgage note approached, Cate and Braun mutually agreed to extend the date for an additional two years. Cate and Braun did not inform the Crews or secure the Crews’ consent to this extension. The mortgage note was not repaid, and Braun sued to foreclose on the mortgage. The trial court held that Braun could foreclose and that he could pursue a deficiency against the Crews if the proceeds from the sale proved insufficient to cover the outstanding balance of the note. The Crews appealed the portion of the ruling authorizing Braun to pursue a deficiency judgment.
Rule of Law
Issue
Holding and Reasoning (Shaw, J.)
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