Bowman v. Norton

Cope, J. concurring.

This is a suit to quiet the title to certain premises situated within the *216city of San Francisco, and grows out of the following facts: In 1853, the defendant, Norton, was the owner of a fifty vara lot in the city, and having erected a dwelling house thereon, occupied it with his family, claiming the property as his homestead. In July of that year, he executed a mortgage upon the premises to the defendant, Barker, to secure the payment of his promissory note of $4,000, with interest. In November following, he executed a second mortgage upon the same premises to the…