Luning v. Brady

Citations

• 10 Cal. 265

Syllabus

<p>By the common law, a married woman can not hind herself by contract, and the statute of this State has not changed the law in this respect, except in certain particular cases.</p> <p>Where a husband and wife executed a joint and several promissory note: Held, that the note was only obligatory as the individual contract of the husband»</p> <p>A decree of discharge, under the Insolvent Act, from the payment of a note secured by mortgage, does not release the lien of the mortgage; it only operates to limit the recovery of the mortgagee to the proceeds of the mortgaged premises. A person claiming an interest in mortgaged premises, subsequent to the mortgage, is a proper party to the foreclosure suit, but can not be subjected to the costs of the foreclosure beyond those occasioned by his own separate defence.</p>