McLaughlin v. Hart
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara.. The action was brought by Edward McLaughlin and G. T. Ryland, copartners, doing business under the firm name of McLaughlin & Ryland, to foreclose a mortgage given by the defendants, Hart and wife, to secure the payment of a promissory note made by Hart to Byland, and afterwards assigned to the firm.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara.. The action was brought by Edward McLaughlin and G. T. Ryland, copartners, doing business under the firm name of McLaughlin & Ryland, to foreclose a mortgage given by the defendants, Hart and wife, to secure the payment of a promissory note made by Hart to Byland, and afterwards assigned to the firm. Subsequent to the making of the mortgage the defendant Hart, to secure his own debts, executed other mortgages (in which his wife did not join) to the defendants, H. & W. Pierce, Otto Schetter, and Edward…
1Opinion of the Court
By the Court:
It is clear that as against the McLaughlin mortgage Mrs. Hart had the right to insist that the outside lands included *640in that mortgage should he exhausted before resorting to the homestead tract. In this view these outside lands constituted, to the extent of their value, a security provided against the possible sacrifice of her homestead to pay McLaughlin’s debt. This security, for obvious reasons, could not be impaired to her injury without her consent. The debts are owing by her husband, and the liens of the junior mortgagees upon the outside lands were created by him alone and…
2Cited by11 opinions
- Humboldt Sav. Bank v. McClevertyCalifornia Supreme Court · 1911
- Kerens National Bank v. StocktonTexas Supreme Court · 1931
- In re BaileyDistrict Court, D. Utah · 1910
- McCreery v. SchafferNebraska Supreme Court · 1889
- Blood v. MunnCalifornia Supreme Court · 1909
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