Tartar v. Hall

3 Cal. 263 | Cal. | 1853

Heydenfeldt, Justice,

delivered the opinion of the court. Wells, Justice, concurred.

The mortgage executed by the defendant, operates an estoppel to the defence he has set up; according to well-established principles of public policy, for the security of good faith and fair dealing, a party is not allowed to controvert the declarations which he has made by deed, or to deny the enforcement of rights which he has thus attempted to confer.

Judgment affirmed.

midpage