Bull v. Strong

Citations

• 98 Cal. 27
• 32 P. 973
• 1893 Cal. LEXIS 854

Syllabus

<p>Fobeolosube of Mobtgage—Deed of Wife’s Sepabate Pbofebty—Defeasance not Delivebed—Repayment of Advances to Husband—Wife’s Defense to Action. —Where the complaint in an action to foreclose a mortgage alleged that the instrument sought to be foreclosed was in terms a deed executed and delivered by a husband and wife of her separate property, but that it was given and intended as a mortgage, and that at the time of its delivery the plaintiff executed and delivered to the defendants, husband and wife, a defeasance declaring that the deed was delivered in trust as security for the repayment of money advanced and to be advanced by the plaintiff for the development of the husband’s interest in a certain mine, but the answer denied that said defeasance was delivered to either of the defendants, and the separate answer of the wife denied that the deed was given for the purpose therein stated, and alleged that plaintiff had been repaid for any advances made to her husband out of the proceeds of his mine, and the evidence given at the trial was sufficient to sustain findings in favor of the wife upon those issues, the action having been dismissed as to the administrator of the husband, a judgment in her favor is supported by the findings and evidence..</p>