Dillon v. Byrne
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. Bill for foreclosure of a mortgage of certain property in the County of San Joaquin. Anne Byrne, the wife of the defendant, having failed to sign the mortgage, intervened, and claimed a homestead. The facts material to the points decided, appear in the opinion of the Court.
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
The plaintiff filed his bill in the Court below to foreclose a mortgage-The facts are substantially as follows: That John Byrne bought the premises in controversy, and executed a note and mortgage in part payment, which was afterward transferred to the plaintiff. Shortly after this transfer, the plaintiff loaned to Byrne an additional sum, and took from him a note and a new mortgage on the same lot, and on his undivided interest in another lot, and caused the first mortgage to be canceled and satisfied of record. It is now sought to evade the latter mortgage, and…
2Cited by20 opinions
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- Pratt v. Topeka BankSupreme Court of Kansas · 1874
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