Rodgers v. Peckham
California Supreme Court
120 Cal. 238, 52 P. 483 (1898)
- Written by Daniel Clark, JD
Facts
William Peckham (defendant) mortgaged his property to Thomas Hughes to secure promissory notes Peckham had issued to Hughes. Hughes, without informing Peckham, later assigned the notes and mortgage to Alexander Montgomery (plaintiff). Hughes properly recorded his assignment to Montgomery. A couple of years later, Hughes, having forgotten about the assignment to Montgomery, contacted Peckham offering to cancel the notes and mortgage if Peckham would convey to property to Hughes. Peckham accepted the offer, conveyed the property to Hughes, and ceased making further payments on the notes. Montgomery had no knowledge of this transaction between Hughes and Peckham. A year later, Hughes sold the property to Josephine Leidig (defendant) for cash. Montgomery initiated a judicial foreclosure action. The trial court entered judgment of foreclosure, and Peckham and Leidig appealed.
Rule of Law
Issue
Holding and Reasoning (Belcher, C.J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 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.
