Hutchings v. Clark

Appeal from a judgment of the Superior Court of the county of Los Angeles, and from an order refusing a new trial.

Suit for foreclosure of mortgage. The mortgage in suit was executed by one J. S. Hutchings to the plaintiffs decedent, Hovey Hutchings. Subsequent to the excution of the mortgage Hovey Hutchings executed a power of attorney to J. S. Hutchings, authorizing him, among other things, to collect and receive all moneys due him, “ and to satisfy judgments and mortgages, and to make, execute, and deliver all and any instruments of writing necessary therefor.” Under this power J. S. Hutchings entered a satisfaction of the mortgage, upon the margin of the record, in the office of the county recorder. The debt which the mortgage was given to secure had not been paid. The defendant Clark was a subsequent purchaser.