Elias v. Verdugo
California Supreme Court
Appeal from * the District Court, First Judicial District, Los Angeles County. Ramirez and Sepulveda, two of the defendants, answered, setting up title to several portions of the land claimed to be included in the mortgage, adversely to the mortgagor.
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Appeal from * the District Court, First Judicial District, Los Angeles County. Ramirez and Sepulveda, two of the defendants, answered, setting up title to several portions of the land claimed to be included in the mortgage, adversely to the mortgagor. The Court decreed the sale of any portion of the southern half of the Rancho San Rafael which might remain after the assignment of a homestead of the value of five' thousand dollars. ' The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sawyer, J.
This is an action to foreclose a mortgage executed by Julio Verdugo on the second day of January, 1861, upon the land described in the complaint. A portion of the lands were known as the “ Eancho of San Bafael.” The principal question in the case is, as to whether the defendants, Verdugo and wife, are entitled to have a homestead reserved from .the operation of the mortgage and decree. The case was tried by the Court without a jury, and the fourth and fifth findings are as follows:
“ 4. The Court also finds that, at the time of the execution *421of said mortgage, the…
2Cases cited3 opinions
- Wolf v. FleischackerCalifornia Supreme Court · 1855
- Castro v. RichardsonCalifornia Supreme Court · 1861
- Hicox v. GrahamCalifornia Supreme Court · 1856
3Cited by11 opinions
- Kachigian v. KachigianCalifornia Supreme Court · 1942
- Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
- Rosenthal v. Merced BankCalifornia Supreme Court · 1895
- Seaton v. SonCalifornia Supreme Court · 1867
- Newton v. SummeySupreme Court of Georgia · 1877
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