Child v. Singleton
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. The facts are stated in the opinion. A mortgage, under our statute, is not a conveyance of lands, nor does the mortgagee take any estate in the land mortgaged. He acquires a lien upon it simply for the security of his demand, which can only be enforced by a judgment for the sale of the property mortgaged, and a sale in pursuance of the judgment.
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Appeal from the District Court of the Second Judicial District, Douglas County. The facts are stated in the opinion. A mortgage, under our statute, is not a conveyance of lands, nor does the mortgagee take any estate in the land mortgaged. He acquires a lien upon it simply for the security of his demand, which can only be enforced by a judgment for the sale of the property mortgaged, and a sale in pursuance of the judgment. (Bludioorth v. Lake, 33 Cal. 255; Grattan v. Wiggins, 23 Id. 16; Nagle v. Macy, 9 Id. 426; McMillan v. Richards, Id. 365.) A mortgage is a mere incident to the debt which…
1Opinion of the Court
By the Court,
Beatty, C. J.:
Prior to the year 1874, the defendants were husband and wife, and were residing on a farm in Douglas county, which was, in fact, their homestead. On the Wenty-fourth of January, 1874, and before either of the defendants had recorded a declaration of homestead, the husband mortgaged the premises to the plaintiff. This action having been commenced to foreclose the mortgage, the wife thereafter recorded a declaration of homestead, and the homestead claim is set up as a defense to the suit.
The district court decreed a sale of the mortgaged premises in satisfaction of…
2Cases cited3 opinions
- Hawthorne v. SmithNevada Supreme Court · 1867
- Goldman v. ClarkNevada Supreme Court · 1865
- Smith ex rel. Smith v. ShrievesNevada Supreme Court · 1878
3Cited by4 opinions
- Adams v. BakerNevada Supreme Court · 1897
- First National Bank of Ely v. MeyersNevada Supreme Court · 1916
- First National Bank v. MeyersNevada Supreme Court · 1916
- Porch v. PattersonNevada Supreme Court · 1916