Good v. Brown

PREWETT, P. J., pro tem.

Action to foreclose a mortgage on a homestead. The plaintiff had judgment in the court below and the defendants appeal on the ground that other property should have been exhausted before resorting to the homestead. The defendants are husband and wife. This is the second appeal in this ease. (See 40 Cal. App. 753, [181 Pac. 802].) On the former appeal it was distinctly held, in conformity with the general equity principle in marshaling assets, that the wife could require the plaintiff to exhaust other securities before resorting to the homestead. After remittitur a…