Jansen v. McCahill
California Supreme Court
Appeal from the Fifteenth Judicial District. This is an action brought by C. J. Jansen against James McCahill and Ellen McCahill his wife, to foreclose a mortgage alleged to have been executed by defendants to secure a note made by James McCahill to Jansen, Bond & Co., and by them indorsed to plaintiff. The wife alone defended, alleging that the premises were at the date of the mortgage the homestead of herself and husband, and denying that she ever executed the mortgage.
Read the full summary
Appeal from the Fifteenth Judicial District. This is an action brought by C. J. Jansen against James McCahill and Ellen McCahill his wife, to foreclose a mortgage alleged to have been executed by defendants to secure a note made by James McCahill to Jansen, Bond & Co., and by them indorsed to plaintiff. The wife alone defended, alleging that the premises were at the date of the mortgage the homestead of herself and husband, and denying that she ever executed the mortgage. Attached to the instrument was a certificate of acknowledgment by the wife, which was otherwise in proper form and stated,…
1Opinion of the CourtCrocker, J.
This is an action to foreclose a mortgage upon property claimed to be a homestead. The plaintiff recovered judgment, and the wife appeals. The wife demurred to the complaint, on the ground that it is unintelligible, ambiguous, and uncertain; the demurrer *565was overruled, and she assigns this as error. There is no foundation for the demurrer. The complaint is certain, intelligible, and clear of ambiguity in all its material allegations. It is objected that the certificate of the Rotary Public, of the acknowledgment of the mortgage by the wife, is defective and insufficient, because it does not…
2Cited by13 opinions
- Kadota Fig Ass'n of Producers v. Case-Swayne Co.California Court of Appeal · 1946
- Leaf v. CoddIdaho Supreme Court · 1925
- Le Blanc v. JacksonCourt of Appeals of Texas · 1913
- Picetti v. OrcioNevada Supreme Court · 1936
- McColl v. JordanSupreme Court of Iowa · 1925
8 more not listed; retrieve them via the Exa API.