Legal Opinion

Alexander v. Bouton

California Supreme Court

Decided July 1, 1880No. 6,909PublishedCited by 20 opinions

Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The^ facts are stated in the opinion.

1Opinion of the Court

McKee, J.:

Defendants in the Court below, on the 1st of September, 1877, made the promissory note and executed the mortgage which constitute the subject-matter in controversy in this case. *17The defendant, E. Bouton, since the execution of the note and mortgage, has been adjudicated a bankrupt. As a defense to the action, the defendant, Margaret, in her answer to the complaint, alleges that, at the time of the execution of the mortgage, she was a married woman and the wife of the codefendant; that her husband was at that time in debt; and for the purpose of enabling him to borrow money from the…

2Cases cited2 opinions

  1. Van Maren v. JohnsonCalifornia Supreme Court · 1860
  2. Marlow v. BarlewCalifornia Supreme Court · 1879

3Cited by20 opinions

  1. Burkle v. LevyCalifornia Supreme Court · 1886
  2. Bogart v. WoodruffCalifornia Supreme Court · 1892
  3. Goad v. MoultonCalifornia Supreme Court · 1885
  4. Cooper v. Bank of Indian TerritorySupreme Court of Oklahoma · 1896
  5. State ex rel. Russell v. FargoSupreme Court of Missouri · 1899

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