Sargent v. Wilson
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco County. Action for the foreclosure of a mortgage of certain property in San Francisco, executed by the defendant, Wilson, to secure the payment of a promissory note.
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Appeal from the District Court of the Twelfth Judicial District, San Francisco County. Action for the foreclosure of a mortgage of certain property in San Francisco, executed by the defendant, Wilson, to secure the payment of a promissory note. The defendant, Hetherington, and others, were judgment creditors of Wilson,' and in their answers, set up, that at the date of the mortgage, the premises were the homestead of Wilson; that he was a married man, and was residing thereupon with his wife and family; that the mortgage was not executed by the wife; that the premises mortgaged had been…
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
The Homestead Act, passed April 21, 1851, provides, “ That no mortgage sale or alienation of any kind whatever, of such property, shall be valid without the signature of the wife, acknowledged,” &c.
This does not render the mortgage absolutely void, but, only void as to the homestead value; the object of the statute being, simply, to reserve a certain amount to the family for its maintenance and support; any excess oyer-$5,000 being common or separate property, is subject *507to the control of the husband, and may be disposed of in any manner by him.
It would, be…
2Cited by13 opinions
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