Marlow v. Barlew
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The • complaint alleged that John and Ellen Barlew were husband and wife; that Ellen executed and delivered to plaintiff a promissory note February 3rd, 1877, to secure which a certain mortgage was made by her on said day. This action was brought to foreclose the mortgage. Hannah Jansen was made a party, as claiming an interest in the mortgaged premises.
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Appeal from the District Court of the Third Judicial District, County of Alameda. The • complaint alleged that John and Ellen Barlew were husband and wife; that Ellen executed and delivered to plaintiff a promissory note February 3rd, 1877, to secure which a certain mortgage was made by her on said day. This action was brought to foreclose the mortgage. Hannah Jansen was made a party, as claiming an interest in the mortgaged premises. The facts are fully set forth in the opinion. The plaintiff had judgment, and the defendants appealed.
1Opinion of the Court
By the Court, Rhodes, J.:
Action to foreclose a mortgage of real estate. On the 3rd day of July, 1874, John Hansen and Hannah Hansen, being the owners, as husband and wife, of certain community property, including the mortgaged premises in controversy, united in the execution of a deed purporting to convey all their community property to William Nelson, in trust, to the effect that he should convey to John Hansen a certain portion of the community property, including the mortgaged premises, to hold as his separate property, and also that he should convey to Hannah Hansen the remaining portion…
2Cases cited2 opinions
- Wilson v. WilsonCalifornia Supreme Court · 1868
- Parry v. KelleyCalifornia Supreme Court · 1877
3Cited by15 opinions
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- Alexander v. BoutonCalifornia Supreme Court · 1880
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- Bogart v. WoodruffCalifornia Supreme Court · 1892
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