Lassen v. Vance
Citations
- 8 Cal. 271
Syllabus
<p>Where A, who is a married man, is occupying premises as the tenant of B, and concludes to purchase the same, and to do so borrows the whole of the purchase-money from 0, and to secure the payment thereof to C, mortgages the premises to him, but the wife does not sign the mortgage: Held, that the homestead right was subject to the mortgage.</p> <p>The deed and mortgage being simultaneous, were but parts of the same transaction.</p> <p>It would seem, under the circumstances, that neither the husband nor his wife, had either legal or,equitable right to the premises.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “when a deed by its terms admittedly conveys certain property, a part of the property may not be excluded from the deed on parol evidence that such was not the intention of the maker”
Source: CourtListener parenthetical corpus (CC0).
Judges: Burnett, Terry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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