Goode v. Smith
California Supreme Court
Appeal from the Eleventh District. To the case stated by the Court, add, that the defendants set up in their answer that the property was their homestead at the time of the execution of the instrument sued on, and that it was obtained from them under threats of a criminal prosecution. Defendants appeal.
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
Bill filed, alleging that in 1853, plaintiff bought of Smith and Brown a tract of land, known as the “ Kentucky Ranch,” for three thousand two hundred dollars, which sum vendees received and divided; that, at the time of the purchase, Smith and Brown represented that there were no incumbrances on the land; but plaintiff, in 1855, discovered the premises had been mortgaged by S. and B. to one Kidd for one thousand eight hundred dollars, to secure a note due at sixty days, with interest at five per cent, per month from date, (23d April, 1853 ;) that this debt was for…
2Cited by3 opinions
- Holzer v. ReadCalifornia Supreme Court · 1932
- Wright v. RoseberryCalifornia Supreme Court · 1889
- Warder, Bushnell & Glessner Co. v. IngliSouth Dakota Supreme Court · 1890