Peterson v. Hornblower
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, El Dorado County. This was an action to foreclose a mortgage. The facts are stated in the findings of the District Court. The defendants had judgment in the Court below.
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Appeal from the District Court, Eleventh Judicial District, El Dorado County. This was an action to foreclose a mortgage. The facts are stated in the findings of the District Court. The defendants had judgment in the Court below. The following were the findings of fact of the District Court, to wit: ' “ This cause having been submitted to the Court on the evidence, the Court makes the following findings : “ 1st. That on the 5th day .of April, A. D. 1865, Henry Miller executed to plaintiff his promissory note for and to secure the payment of a loan payable one year after date, for the sum of…
1Opinion of the Court
By the Court, Rhodes, J. :
Henry Miller, and Catharine, his wife, on the 5th of April, 1865, executed to the plaintiff a mortgage of certain real estate, to secure the payment of a promissory note given by Miller to the plaintiff for a sum of money loaned by the plaintiff to Miller. In 1861 Miller made a declaration of homestead upon the premises that were subsequently mortgaged to the plaintiff. The only question is whether, under the provisions of the Homestead Act of this State, the mortgage is void.
The first section of the Homestead Act of 1851 provided that “ the homestead * * * shall not…
2Cases cited1 opinion
- Coleman v. WoodworthCalifornia Supreme Court · 1865
3Cited by19 opinions
- Inge v. CainTexas Supreme Court · 1885
- Burke v. MaguireCalifornia Supreme Court · 1908
- Felton v. Citizens Federal Savings & Loan Ass'nWashington Supreme Court · 1984
- Black v. RockmoreTexas Supreme Court · 1878
- Moran v. ClarkWest Virginia Supreme Court · 1887
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