Cohen v. Davis
California Supreme Court
Appeal from the Third Judicial District. The facts are sufficiently stated in the opinion of the Court. The following are the second and fifth sections of the amendatory Homestead Act of 1860, referred to in the opinion: “ Sec. 2. Such exemption shall not extend to any mechanics’, laborers’ or vendors’ lien, lawfully obtained, but no mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any…
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Appeal from the Third Judicial District. The facts are sufficiently stated in the opinion of the Court. The following are the second and fifth sections of the amendatory Homestead Act of 1860, referred to in the opinion: “ Sec. 2. Such exemption shall not extend to any mechanics’, laborers’ or vendors’ lien, lawfully obtained, but no mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever; provided, that a mortgage or alienation to secure the purchase money or pay the purchase money…
1Opinion of the CourtField, C. J.
This is an action for the foreclosure of a mortgage executed by Davis and wife to the plaintiff and one Thomas, to secure the payment of the promissory note of Davis for the sum of $10,000, and *193interest thereon. The premises are situated in Alameda county, and at one period had been occupied by Davis and wife as their homestead. The mortgage bears date the fifth of November, 1860, and at that time Davis and wife occupied a rented cottage in San Francisco; and Davis, whilst negotiating the loan for which the mortgage was given, represented that his family resided in San Francisco, and that he…
2Cases cited2 opinions
- Harper v. ForbesCalifornia Supreme Court · 1860
- Dewey v. LambierCalifornia Supreme Court · 1857
3Cited by9 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Rauer's Collection Co. v. HigginsCalifornia Court of Appeal · 1948
- Speidel & Co. v. SchlosserWest Virginia Supreme Court · 1879
- Brennan v. WallaceCalifornia Supreme Court · 1864
- In re Estate of HeadenCalifornia Supreme Court · 1877
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