Duncan v. Curry

Citations

• 124 Cal. 106
• 56 P. 898
• 1899 Cal. LEXIS 950

Syllabus

<p>Mortgage by Husband ' and Wife—Prior Record of Homestead— Construction of Code.—Under subdivision 3 of section 1241 of the Civil Code, a mortgage executed and acknowledged by both husband and wife, though unrecorded before the filing for record of a homestead claim upon the mortgaged premises, will prevail over the homestead claim. Subdivision 4 of the same section, giving preference to debts secured “by mortgages on the premises, executed and recorded before the declaration of- homestead was filed for record,” must be construed as referring to mortgages other than those executed by both the husband and wife whose especial case is provided for in subdivision 3.</p>