Herrold v. Reen

Thornton, J.:

This was an action to foreclose a mortgage, executed by the defendant to the plaintiff on a lot of land situated in San José. The defendant set up by answer as a defense the following :

“ Further answering, the defendant avers and shows to the Court, that on the 1st day of May, A. D. 1860, she and one Peter Reen were, and for a long time prior thereto had been husband and wife; and as such husband and wife they were the owners in fee of the land and premises described in the complaint herein as community property, and were then living in their dwelling-house thereon with their…