Civil Code - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.69]
( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.69]
( Part 4 enacted 1872. ) TITLE 14. LIEN [2872 - 3081]
( Title 14 enacted 1872. ) CHAPTER 2. Mortgage [2920 - 2968]
( Chapter 2 enacted 1872. ) ARTICLE 1. Mortgages in General [2920 - 2944.10]
( Article 1 enacted 1872. ) 2925.
The fact that a transfer was made subject to defeasance on a condition, may, for the purpose of showing such transfer to be a mortgage, be proved (except as against a subsequent purchaser or incumbrancer for value and without notice), though the fact does not appear by the terms of the instrument.
(Enacted 1872.)