Spear v. Ward & Wife
California Supreme Court
Appeal from the Third Judicial District. This action was brought for the foreclosure of a mortgage upon the -undivided one-eighteenth interest in the Estadillo Rancho, Alameda county, the separate property of one of the defendants, Maria Concepcion Ward, wife of John B. Ward, another defendant. The mortgage was executed February 24th, 1854, by Mrs. Ward and her husband to William bT.
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Appeal from the Third Judicial District. This action was brought for the foreclosure of a mortgage upon the -undivided one-eighteenth interest in the Estadillo Rancho, Alameda county, the separate property of one of the defendants, Maria Concepcion Ward, wife of John B. Ward, another defendant. The mortgage was executed February 24th, 1854, by Mrs. Ward and her husband to William bT. Spear, a minor, to secure the payment of the bond of the husband, of the same date, executed to said Spear for $6,000, payable in one year. The complaint shows that on February 24th, 1854, the plaintiff, by and…
1Opinion of the CourtField, C. J.
This is an action to foreclose a mortgage executed to the plaintiff in February, 1854, by the defendants, John B. Ward and Maria, his wife, upon the separate property of the wife, to secure the bond of the husband of the same date. The mortgage states as the consideration of its execution the receipt of $6,000 by the mortgagors, “ and each of them,” and the bond of the husband is conditioned for the payment of the $6,000 in one year, with interest at three per cent, a month.
The plaintiff is a minor, and Davis, by whom he appears in the action, is his general guardian. In the title of the…
2Cases cited4 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- George v. RansomCalifornia Supreme Court · 1860
- Gronfier v. PuymirolCalifornia Supreme Court · 1862
3Cited by10 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- Nisbet v. Clio Mining Co.California Court of Appeal · 1905
- Bell v. BellArizona Supreme Court · 1934
- Lasar v. JohnsonCalifornia Supreme Court · 1899
- Hinton v. . GreenleafSupreme Court of North Carolina · 1893
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