Graham v. Oviatt

Citations

• 58 Cal. 428
• 1881 Cal. LEXIS 247

Syllabus

<p>Fokeclostoe oe Mortgage—Parties—Homestead.—Q-. mortgaged land to S. for five thousand dollars, and afterwards filed a declaration of homestead on the mortgaged property and other property contiguous thereto (the whole property being of the value of sixteen thousand dollars). Under a judgment in an action of foreclosure, subsequently commenced against G. (his wife not being a party), S. purchased the mortgaged premises and received a deed, and G. delivered possession of the premises to him. In an action of ejectment by G. and wife,</p> <p>Held, That it was clear, upon the face of the declaration of homestead, that it was not intended thereby to assert a title hostile to that held under the mortgage, but one in subordination to it, and that judgment was rightly entered for the defendant.</p>