Bollinger v. Manning
California Supreme Court
Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial. The notary’s certificate of the acknowledgment by ■ Ellen Manning, the wife of Patrick Manning, of the mortgage in question, after certifying to her appearance before the notary, and that she was personally known to him to be the individual described therein, and who executed the same, proceeded as follows: “And I do hereby certify that she was by me first made…
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Appeal from a judgment of the Superior Court of Stanislaus County, and from an order refusing a new trial. The notary’s certificate of the acknowledgment by ■ Ellen Manning, the wife of Patrick Manning, of the mortgage in question, after certifying to her appearance before the notary, and that she was personally known to him to be the individual described therein, and who executed the same, proceeded as follows: “And I do hereby certify that she was by me first made acquainted with the contents of said instrument, and thereafter she duly acknowledged to me, upon examination, separately, apart…
1Opinion of the Court
Belcher, C. C.
Action to foreclose a mortgage. The court below gave judgment for defendants, and the plaintiff appeals.
The mortgage in suit was executed by Patrick Manning in December, 1883, and was signed, but not properly acknowledged, by Ellen Manning, his wife. The property mortgaged consisted of eighty acres of land with the improvements thereon, and was community property. Manning resided upon the property with his family, and in December, 1885, filed a declaration of homestead in proper form thereon, in which he declared, among other things, that he estimated its actual cash value to be…
2Cases cited5 opinions
- Wise v. WilliamsCalifornia Supreme Court · 1887
- Camp v. GriderCalifornia Supreme Court · 1882
- Leonis v. LazzarovichCalifornia Supreme Court · 1880
- McLeran v. BentonCalifornia Supreme Court · 1872
- Hutchinson v. AinsworthCalifornia Supreme Court · 1883
3Cited by26 opinions
- In Re the Estate of FathCalifornia Supreme Court · 1901
- In Re the Estate of KlumpkeCalifornia Supreme Court · 1914
- Cordano v. WrightCalifornia Supreme Court · 1911
- Saddlemire v. Stockton Savings & Loan SocietyCalifornia Supreme Court · 1904
- Perkins v. OnyettCalifornia Supreme Court · 1890
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