Dorsey v. McFarland
California Supreme Court
Appeal from the District Court "of the First Judicial District, County of Los Angeles. On the first day of July, 1854, one Bruno Abila executed a mortgage to defendants. Subsequently, in January and February, 1855, Abila and wife executed two mortgages to plaintiff upon the same land. Both plaintiff and defendants foreclosed their respective mortgages by separate suits, without making each other parties.
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Appeal from the District Court "of the First Judicial District, County of Los Angeles. On the first day of July, 1854, one Bruno Abila executed a mortgage to defendants. Subsequently, in January and February, 1855, Abila and wife executed two mortgages to plaintiff upon the same land. Both plaintiff and defendants foreclosed their respective mortgages by separate suits, without making each other parties. After the judgment of foreclosure in each case, Dorsey, the plaintiff, filed his complaint against McFarland and Downey, defendants in this action, to set aside their judgment against Abila,…
1Opinion of the CourtBurnett, J.
The only point in this case is, whether the plaintiff can urge the same objections against the mortgage to McFarland and Downey as would be good, if urged by Abila and wife. In other words, is the mortgagee of Abila and wife in a worse condition than they are ? It is contended by the learned counsel for defendants, that the right of homestead is a personal privilege, which can only be asserted by the individuals to whom it appertains, and that the power to assert it cannot be transferred or conveyed to another.
The decisions of this Court in the different cases brought up before us, would seem…
2Cases cited1 opinion
- Poole v. GerrardCalifornia Supreme Court · 1856
3Cited by9 opinions
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- Glenn v. BresnanSupreme Court of Louisiana · 1909
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