California Fruit Transp. Co. v. Anderson
U.S. Circuit Court for the District of Northern California
Bill in equity to foreclose a mortgage executed by J. Z. Anderson, and joined in by his wife, Sallie E. Anderson. She demurred, on the ground that the property mortgaged was covered by a homestead, and she had received no consideration for her interest therein.
1Opinion of the Court
MORROW, District Judge.
This is a bill in equity to foreclose a mortgage executed by J. Z. Anderson, and joined in by his wife, Sallie *405E. Anderson. While it does not appear affirmatively in the bill that the premises incumbered include homestead property, still that fact was conceded and assumed on the argument upon the demurrer filed by the respondent íáallie E. Anderson to the bill. She alone has demurred, and urges the following grounds:
“First. That said bill does not state facts sufficient to constitute a cause of action against said defendant.
“Second. That it appears from said bill that…
2Cases cited16 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- Adams v. BealeSupreme Court of Iowa · 1865
- Barber v. BabelCalifornia Supreme Court · 1868
- Burkett v. BurkettCalifornia Supreme Court · 1889
- Gleason v. SprayCalifornia Supreme Court · 1889
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