Robson v. O'Toole
California Court of Appeal
45 Cal. App. 63, 187 P. 110 (1919)
- Written by Daniel Clark, JD
Facts
Theresa Levin mortgaged a piece of her real property to Hibernia Savings and Loan Society (Hibernia). Levin then transferred the property to Kernan Robson (plaintiff), who assumed the mortgage. The property was then transferred successively in turn to each of Michael O’Toole, Curtis Hillyer, and John Hoyt (defendants). At all transfers, the transferee agreed to assume the mortgage. While Hoyt was the owner of the property, Hibernia foreclosed, naming all of Levin, Robson, O’Toole, Hillyer, and Hoyt as defendants and securing deficiency judgments against them all jointly. Robson paid the deficiency judgment and then sued O’Toole, Hillyer, and Hoyt for indemnification. Hoyt sought a demurrer, which the trial court granted, and Robson appealed.
Rule of Law
Issue
Holding and Reasoning (Richards, J.)
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