Revalk v. Kraemer
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. John Revalk was married in September, 1854, and he and his wife resided upon the premises in controversy, from that time until her death, in October, 1856. He owned the premises before marriage, and on the eleventh day of December, 1854, he alone executed to defendants Kraemer and Eisenhardt, a mortgage upon the homestead for four thousand dollars.
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Appeal from the Superior Court of the City of San Francisco. John Revalk was married in September, 1854, and he and his wife resided upon the premises in controversy, from that time until her death, in October, 1856. He owned the premises before marriage, and on the eleventh day of December, 1854, he alone executed to defendants Kraemer and Eisenhardt, a mortgage upon the homestead for four thousand dollars. The defendants brought suit to foreclose the mortgage in the Twelfth District Court, in which suit, John Revalk appeared and claimed the right of homestead; and by decree of the Court,…
1Opinion of the Court
Burnett, J., after stating the facts in the case, delivered the opinion of the Court—Murray, C. J., concurring.
The plaintiffs should have brought their suit in the District, and not in the Superior Court. When the plaintiff, John Revalk, appeared and answered in the case brought by defendants, Kraemer and Eisenhardt, to foreclose the mortgage, the plaintiffs in that suit—defendants in this—should have insisted that Mrs. Revalk be made a party. Revalk and wife not appearing in that suit, could not bring a suit in the Superior Court to restrain the decree of a Court of co-ordinate jurisdiction.…
2Cases cited2 opinions
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