Legal Opinion

Security Loan & Trust Co. v. Kauffman

California Supreme Court

Decided July 22, 1895No. 19497PublishedCited by 17 opinions

Appeal from a judgment of the Superior Court of San Diego County. W. L. Pierce, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

The plaintiff seeks by this action te foreclose a mortgage purporting to have been executed to it by the defendants, Ezra McCallister and Mary Mc-Callister, “his wife.” The execution of the mortgage- and note was not denied by either of these defendants. The defendant Ezra, in his answer, alleged that his co-defendant Mary was not his wife; that he was married in February, 1867, to one Amanda Fisher, and that shell ad ever since that date been his lawful wife; that on June 5, 1883, he was residing with his family on the premises described in the mortgage, and on that-day made and filed with…

2Cases cited3 opinions

  1. Gagliardo v. DumontCalifornia Supreme Court · 1880
  2. Crawford v. NealCalifornia Supreme Court · 1880
  3. Jones v. WaddyCalifornia Supreme Court · 1885

3Cited by17 opinions

  1. Rich v. ErvinCalifornia Court of Appeal · 1948
  2. Taylor v. MadiganCalifornia Court of Appeal · 1975
  3. Freiermuth v. SteiglemanCalifornia Supreme Court · 1900
  4. Katsivalis v. Serrano Reconveyance Co.California Court of Appeal · 1977
  5. Grotberg v. First Nat. Bank.North Dakota Supreme Court · 1926

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