Higgins v. Higgins

Citations

• 121 Cal. 487
• 53 P. 1081
• 1898 Cal. LEXIS 937

Syllabus

<p>Husband and • Wife —Agreement fob Sepaeation—Annuity Ciiaeged upon Husband’s Estate—Notice to Mobtgagee.—An agreement .{or separation between husband and wife, providing for the payment of an annuity to the wife during her life, to constitute a lien upon his “estate,” which is duly acknowledged and recorded, creates á ■• lien upon all of the lands of the husband for arrearages of the' hn- nuity, and is notice to ¿ subsequent mortgagee of particular Iahds , belonging to the husband, and entitled to priority over, the mortgage.</p> <p>Id.—Consteuction of Agreement—Meaning of “Estate”—Identification of Lands—Evidence.—The term “estate” used in the agreement lor separation to denote the subject of the lien, though, having a diversity of legal meanings, is to be understood in the sense which will accomplish and not defeat the obvious purpose to create a lien, and as comprehending property susceptible of being impressed with a lien, and, being used without qualification, includes all the lands of the husband. Failure to indicate the locality of the lands, or specifically to describe them, is not fatal to the lien; but the principle that “that is certain which is capable of being made certain,” is applicable; and extrinsic evidence is admissible, under proper pleading, to identify the property.</p>