Brennan v. Wallace
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Currey, J.
This action was brought to recover against James Wallace the amount due on a promissory note by him made and delivered to the plaintiffs on 28th of December, 1860, payable twelve months after that date, and to foreclose a mortgage executed by him on the same day on a certain piece of land in San Francisco, to secure the payment of the note. Mrs. Wallace was not a party to this mortgage.
The defense made is that the mortgaged premises were the homestead of the defendants at the time the mortgage was executed and so remained at the commencement of this action. A great…
2Cases cited6 opinions
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- Cohen v. DavisCalifornia Supreme Court · 1862
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3Cited by8 opinions
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