Johnston v. S.F. Savings Union

Hayne, G.

An action to quiet title. In 1859 the property in controversy was the community property of James Johnston, Sen., and Petra Jara, his wife. In that year Johnston was indebted to J. and William M. Morris in the sum of seventeen thousand dollars, secured by mortgage upon the property, and “ which said indebtedness was a debt contracted during the lifetime of said Petra, and after her intermarriage with said James Johnston, Sen., and was a debt of said marital community.” Petra Jara died on April 30, 1861, leaving the three plaintiffs her surviving children. Prior to her death the debt…