Shartzer v. Love
California Supreme Court
Appeal from tbe District Court of tbe Third District, Santa Clara County. Action to foreclose a mortgage made by tbe defendants Harry Loto and bis wife Mary, to secure a contract for tbe sum of fifteen hundred dollars," with interest, payable sixty days after tbe issuance of a patent by tbe Government of tbe United States for a tract of land claimed by tbe defendant Mary Love, as her separate property, it having been conveyed to her by her former husband, Narcisso Ben-'…
Read the full summary
Appeal from tbe District Court of tbe Third District, Santa Clara County. Action to foreclose a mortgage made by tbe defendants Harry Loto and bis wife Mary, to secure a contract for tbe sum of fifteen hundred dollars," with interest, payable sixty days after tbe issuance of a patent by tbe Government of tbe United States for a tract of land claimed by tbe defendant Mary Love, as her separate property, it having been conveyed to her by her former husband, Narcisso Ben-' nett, to wbom it bad been originally granted by tbe Mexican Government. Tbe contract is signed by each of tbe defendants,…
1Opinion of the Court
Erodes, C. J.,
delivered tbe opinion of tbe Court:
It is shown by tbe affidavits filed in tbis Court, tbat Harry Love died before tbe notice of appeal was filed. Tbe motion to dismiss tbe appeal as to bim must be granted. (Judson v. Love, 35 Cal. 463).
At tbe time wben tbe contract was made, upon wbicb tbe action is brought, Mary Love was tbe wife of Harry Love, and therefore, she is not personally liable on tbe contract, although it was signed by her; but it is tbe contract of Harry Love alone.
Tbe dismissal of tbe appeal as to Harry Love left tbe judgment in bis favor in full force. Tbe matter…
2Cases cited1 opinion
- Judson v. LoveCalifornia Supreme Court · 1868
3Cited by7 opinions
- Moyle v. LandersCalifornia Supreme Court · 1889
- Houghton v. MilburnWisconsin Supreme Court · 1882
- Pedlar v. StroudCalifornia Supreme Court · 1897
- Candland v. MellenUtah Supreme Court · 1915
- Deiter v. KiserCalifornia Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.