Duncan v. Curry
California Supreme Court
APPEAL from a judgment of the Superior Court of Yolo County. E. E. Gaddis, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFARLAND, J.
This is an action to foreclose a mortgage executed by the defendants F. M. Curry and his wife, A. V. Curry. Judgment was rendered in the court below foreclosing the mortgage as against both defendants; and the defendants appeal from the judgment, and particularly from that part of it which decrees that the Ren of the mortgage is paramount to a certain homestead right set up in the answer.
On the twenty-fourth day of November, 1894, the appellants, husband and. wife, executed the mortgage in question, which, however, was never recorded. On December 14, 1895, the appellant A. V. Curry, the wife,…
2Cases cited4 opinions
- Lee v. MurphyCalifornia Supreme Court · 1897
- Downing v. Le DuCalifornia Supreme Court · 1890
- Ontario State Bank v. GerryCalifornia Supreme Court · 1891
- First National Bank v. BruceCalifornia Supreme Court · 1892
3Cited by3 opinions
- State v. McIntyreUtah Supreme Court · 1937
- Kleinsorge v. KleinsorgeCalifornia Supreme Court · 1901
- First National Bank v. MerrillCalifornia Supreme Court · 1914