Newman v. Cooper

The opinion of the Court was delivered by

Miller, J.

The plaintiffs appeal from the judgment decreeing the intervenors to be creditors of the community between their parents, and to be paid by preference over the plaintiffs, creditors of the father of the intervenors, with mortgage on his share of the community property.

The community was dissolved in 1883 by the death of the mother of the intervenors. The plaintiffs’ mortgage by the surviving husband was executed in 1888. In the effort to foreclose the mortgage the plaintiffs were opposed by the intervenors, children of the marriage, claiming…