Edwards v. Grand
California Supreme Court
APPEAL from a judgment of the Superior Court of the County of Santa Barbara and from an order denying a new trial. V. A. Gregg, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The defendant, Gerard Grand, executed a mortgage to the plaintiff November 22, 1892, and on the same day his wife, Maria Jesus Grand, made a declaration of homestead upon a portion of the mortgaged premises. The present action against both husband and wife for the foreclosure of the mortgage is resisted by the wife upon the ground that, to the extent that the mortgaged premises are covered by the declaration of homestead, the mortgage is invalid, for the reason that she did not unite in its execution. The facts relating thereto are as follows: On the day that the mortgage was executed the…
2Cases cited8 opinions
- Tregambo v. Comanche Mill & Mining Co.California Supreme Court · 1881
- Smith v. BiscailuzCalifornia Supreme Court · 1890
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- Clancy v. PloverCalifornia Supreme Court · 1895
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3Cited by36 opinions
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