Watson v. Peyton

NOURSE, J., pro tem.

In 1927 this defendant, Mary Ann Peyton, and her husband purchased with community funds a family home, taking title as joint tenants with right of survivorship. On January 8, 1935, the husband filed a declaration of homestead on the property, in which the wife did not join. On April 22, 1935, the husband died, and the property passed into probate for distribution to the widow. In 1934 these plaintiffs had foreclosed a mortgage on other land of the Peytons and on June 28, 1935, they secured a deficiency judgment against them. A controversy arose as to whether this judgment…