73 Cal. 271
Decided August 30, 1887
California Supreme Court · decided 1887-08-30
The action was brought against the defendants, a divorced husband and wife, to foreclose a mortgage which had been executed by the wife alone. During the marriage of the defendants, the wife filed a declaration of homestead on certain community property. Soon after the declaration was filed, the marriage was dissolved by a decree of divorce, but no disposition of the homestead ■ was made by the decree.
Cited by 3 later decisions — most recently March 1958
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1887-08-30
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¶1—We are of opinion that the deed to the wife, executed by the husband after the decree of divorce in this case, was a valid one, and conveyed all the interest of the grantor.
¶2The mortgage of the wife was therefore valid, and the plaintiff (mortgagee) is entitled to a judgment of foreclosure.
¶3The portion of the judgment appealed from is reversed, and the cause remanded for a new trial; and on such new trial, the views above expressed are to be followed.
¶4Ordered accordingly.