Clark v. Shannon
Nevada Supreme Court
Appeal from the District Court of the Fourth Judicial District, State of Nevada, Washoe County, Hon. C. C. Goodwin presiding. The facts of this case are stated in the opinion. The. mortgage executed by defendant did not create a lien on the premises in dispute. There is no finding of facts to sustain the judgment of foreclosure, and it is therefore erroneous. The homestead law does not exempt property from a mortgage properly executed.
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Appeal from the District Court of the Fourth Judicial District, State of Nevada, Washoe County, Hon. C. C. Goodwin presiding. The facts of this case are stated in the opinion. The. mortgage executed by defendant did not create a lien on the premises in dispute. There is no finding of facts to sustain the judgment of foreclosure, and it is therefore erroneous. The homestead law does not exempt property from a mortgage properly executed. It is not necessary the wife should join in a mortgage executed before the mortgaged property becomes a homestead. If this property ever became a part of tbe…
1Concurrence
Opinion of the Court by
Beatty, J.,
full Bench concurring.
The facts of this case are as follows: In May, 1864, one P. E. Shannon was residing on lot No. 4, in a certain block in Washoe City. On lot No. 3 in the same block, and immediately adjoining, he had a livery stable. Each lot was fifty by one hundred feet, the two together making a square of one hundred feet. On the 4th of May, 1864, he executed a note to respondent, Clark, for eight hundred dollars, and at the same time executed a mortgage to him on No. 3 (the stable lot) to secure its payment. At the time this mortgage was executed, the…
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