Tartar v. Hall , 3 Cal. 263 ( 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.