Vincent v. Garland

14 Cal. App. 2d 725, 58 P.2d 1320 (1936)

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Vincent v. Garland

California Court of Appeal
14 Cal. App. 2d 725, 58 P.2d 1320 (1936)

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Facts

William J. Garland (William) (defendant) and William’s wife (defendant) mortgaged real estate to Grover T. Garland. William and his wife subsequently conveyed the property to Marcella A. Vincent (plaintiff), subject to the mortgage. Vincent did not pay the mortgage and Grover filed a foreclosure action against William, William’s wife, and Vincent. While the foreclosure action was pending, William paid the mortgage. Grover dismissed the lawsuit against William and his wife, but Grover and William agreed that Grover would continue the lawsuit against Vincent. The trial court entered a foreclosure decree, and pursuant to the parties’ promise, Grover purchased the property at the foreclosure sale on William’s behalf. Vincent sued to quiet title to the property. The trial court determined that Vincent had no right to the property, and Vincent appealed.

Rule of Law

Issue

Holding and Reasoning (Turrentine, J.)

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