| Cal. | Oct 15, 1853
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.