Wolf v. Fleischacker
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, County of San Francisco. The facts appear in the opinion of the Court.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., and Bryan, J., concurred.
This was a motion for a writ of assistance to put in possession of the land a purchaser under a decree of foreclosure of a mortgage, given to secure the payment of the purchase money.
It is resisted on the ground that the land is a homestead, and the wife did not join in the mortgage.
The mortgage is upon the whole land to secure the purchase money for two-thirds of it undivided, the mortgagor being at the time the owner of one undivided one-third.
The Homestead Act requires the homestead to consist of a quantity of land, with the dwelling house, &c., not…
2Cited by26 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Swan v. WaldenCalifornia Supreme Court · 1909
- Smith v. ChenaultTexas Supreme Court · 1878
- Kachigian v. KachigianCalifornia Supreme Court · 1942
- Montgomery v. TuttCalifornia Supreme Court · 1858
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