Legal Opinion

Moss v. Warner

California Supreme Court

Decided July 1, 1858PublishedCited by 21 opinions

Appeal from the District Court of the First Judicial District, County of San Diego. The facts of the case sufficiently appear in the opinion of the Court.

1Opinion of the CourtField, J.

Terry, C. J., and Baldwin, J., concurring.

This is an action for the foreclosure of a mortgage, executed by the defendant J. J. Warner, on the eleventh of November, 1854, to secure the payment of his promissory note of eleven *297thousand dollars, made and delivered on the same day. The defence interposed is, that the premises constitute the homestead of the defendants, and that the mortgage, not being executed by the wife, was invalid to the extent of the homestead exemption. The wife, on motion, was made a party, and allowed to file a separate answer. It appeared in proof that the defendants…

2Cases cited2 opinions

  1. Taylor v. HargousCalifornia Supreme Court · 1854
  2. Sargent v. WilsonCalifornia Supreme Court · 1855

3Cited by21 opinions

  1. Horn v. Volcano Water Co.California Supreme Court · 1859
  2. Booth v. HoskinsCalifornia Supreme Court · 1888
  3. Hixon v. GeorgeSupreme Court of Kansas · 1877
  4. Levins v. RovegnoCalifornia Supreme Court · 1886
  5. Brooks v. HydeCalifornia Supreme Court · 1869

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