Windt v. Covert
California Supreme Court
152 Cal. 350, 93 P. 67 (1907)
- Written by Daniel Clark, JD
Facts
Mary Covert (defendant) came into possession of a piece of real property that was subject to a mortgage held by Hardy. While the property was still subject to Hardy’s mortgage, Covert sold the property to Morris Windt (plaintiff) and granted Windt a junior mortgage securing a promissory note. Hardy initiated a foreclosure action against the property. To protect his interest, Windt paid $4,440 to Hardy to satisfy Hardy’s mortgage. Windt then sought to hold his own judicial foreclosure sale to enforce the outstanding $375 due on his note. The trial court ordered a foreclosure sale, calculating Windt’s secured claim to include both the $375 due under his note and the $4,400 Windt paid to extinguish Hardy’s lien. Covert appealed.
Rule of Law
Issue
Holding and Reasoning (Sloss, J.)
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