Goodenow v. Ewer
California Supreme Court
16 Cal. 461 (1860)
Downer and Morris each owned one half of a piece of real property (the lot). Downer mortgaged his one-half interest to Goodenow (plaintiff). Later, Downer and Morris each sold a third of their respective one-half interests to Ewer (defendant)—that is, Downer and Morris each conveyed a one-sixth interest in the entire lot to Ewer. Accordingly, Downer, Morris, and Ewer each ended up with a one-third interest in the lot, and half of each of Ewer’s and Downer’s interest was encumbered by Goodenow’s mortgage. Downer defaulted, and Goodenow initiated a foreclosure action in which Goodenow purchased a one-third interest in the lot. Goodenow did not include Ewer as a party in the foreclosure action. Ewer, meanwhile, purchased all remaining, unencumbered interests from Morris and Downer. Goodenow sought to compel a distribution of proceeds from the lot that would recognize Goodenow as having, as a result of the foreclosure, taken title to the entire one-third interest subject to the mortgage, including the one-sixth interest owned by Ewer at the time of foreclosure. The lower court rejected Goodenow’s position, and Goodenow appealed.
Rule of Law
Holding and Reasoning (Field, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 684,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 684,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 42,800 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.