Legal Opinion

Southwick v. Davis

California Supreme Court

Decided March 26, 1889No. 12796PublishedCited by 19 opinions

Appeal from a judgment of the Superior Court of El Dorado County. The following is the certificate of acknowledgment of the declaration of homestead referred to in the opinion of the court:— “.On this thirty-first day of January, A. D. 1876, before me, W. H. Hill, county clerk in and for the county of El Dorado, state of California, personally-appeared B. F. Davis, known to me to be the person who makes the foregoing declaration, and who acknowledges to me that he executed…

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Appeal from a judgment of the Superior Court of El Dorado County. The following is the certificate of acknowledgment of the declaration of homestead referred to in the opinion of the court:— “.On this thirty-first day of January, A. D. 1876, before me, W. H. Hill, county clerk in and for the county of El Dorado, state of California, personally-appeared B. F. Davis, known to me to be the person who makes the foregoing declaration, and who acknowledges to me that he executed the same. “ In witness whereof I have hereunto set my hand and official seal, the day and year in this certificate last…

1Opinion of the CourtMcFarland, J.

This is an action to foreclose a mortgage on certain premises executed to the plaintiff by the defendant B. F. Davis, on October 11, 1884. The defendant Mary S. Davis, wife of said B. F. Davis, answered, setting up that at and before the date of said mortgage the said premises were the homestead of her husband and herself. Defendant Jenks set up the same defense, alleging that after the execution of the mortgage said husband and wife conveyed the premises to him. The court below rendered judgment for plaintiff, and the said defendants who answered appeal from the judgment.

The findings of the…

2Cases cited1 opinion

  1. Schuyler v. BroughtonCalifornia Supreme Court · 1888

3Cited by19 opinions

  1. Heathman v. HolmesCalifornia Supreme Court · 1892
  2. Johnson v. BraunerCalifornia Court of Appeal · 1955
  3. Simonson v. BurrCalifornia Supreme Court · 1898
  4. Taylor v. MadiganCalifornia Court of Appeal · 1975
  5. Viotti v. GiomiCalifornia Court of Appeal · 1964

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