Cary v. Tice
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. Cary, the respondent, was the owner and holder of a mortgage on certain real estate in the city of San Francisco, embracing several lots, executed by Tice alone, without his wife, which was sought to be foreclosed, when, by leave of Court, Tice and wife intervened for a homestead in a part of the mortgaged premises.
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Appeal from the District Court of the Twelfth Judicial District. Cary, the respondent, was the owner and holder of a mortgage on certain real estate in the city of San Francisco, embracing several lots, executed by Tice alone, without his wife, which was sought to be foreclosed, when, by leave of Court, Tice and wife intervened for a homestead in a part of the mortgaged premises. The decision of the Court below was against the claimants of the homestead, and they appeal to this Court to reverse the judgment. The facts are agreed upon by counsel, and the question involved is purely a question…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
The evidence in this case shows, that Tice, being a married man, came to California in 1849 ; that he purchased a piece of property and resided on it; that in 1854 he mortgaged the same to the plaintiff, and that his wife came to the country after said mortgage was executed, and resided on the premises with her husband up to the time of bringing this suit. It further appears, that about the time of the execution of the mortgage she was on her way to join her husband in…
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