Casey v. Gibbons
136 Cal. 368 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that a mortgagor who executes an instrument in which she personally agrees to pay a debt is a principal obligor, not a surety, and that the subsequent running of the statute of limitations on the underlying oral debt of a third-party beneficiary does not extinguish the written mortgage obligation.
Statutes construed
- CCP § 353
- CIV § 3289