Burkle v. Levy

Citations

• 70 Cal. 250
• 11 P. 643
• 1886 Cal. LEXIS 776

Syllabus

<p>Debtor and Creditor — Extension of Time for Payment — Married Woman—Deed of Trust — Consideration. — An extension of time given by a creditor to a debtor within which to pay his indebtedness, and an agreement by him to accept payment in installments, are sufficient considerations to support a deed of trust executed by the wife of the debtor on her separate property to secure the indebtedness.</p> <p>Id.—Contract of Married Woman — Security for Indebtedness of Husband—Bights, of Creditors.—Under section 158 of the Civil Code, a married woman may enter into any agreement or transaction respecting her property which she might if unmarried. She may mortgage or convey it by deed of trust to secure the debts of her husband, and having done so, his creditors may enforce their claims against it in the same manner and to the same extent that they could if it were his property, and not hers.</p> <p>Fraud — Undue Influence — Bescission of Contract —• Action for — Unreasonable Delay. — One whose consent to the execution of a contract has been obtained through fraud or undue influence may rescind the contract, but he must do so promptly on discovering the facts which entitle him to rescind. Under the circumstances, of the.present case, an unexplained delay of fifteen months in commencing the action after knowledge of the facts, held, unreasonable and fatal. Held further, that no fraud or undue influence was shown by the complaint.</p>