Mabury v. Ruiz

Citations

• 58 Cal. 11

Syllabus

<p>Mortgage—Foreclosure—Parties—Intervention—Homestead.—In an action to foreclose a mortgage on the homestead, executed by the husband, the wife is a necessary party, and if not made a party is entitled to intervene; and in such action the question of homestead or no homestead may be determined.</p> <p>Id.—Homestead—Abandonment.—The execution by the husband and wife of a deed of conveyance of the homestead, absolute in form, but intended as a mortgage, is not an abandonment of the homestead, except as against an innocent purchaser.</p> <p>Id.—Foreclosure—Assignment.—In an action by the alleged assignee of the mortgagee, to foreclose a mortgage executed by the husband on the homestead, the wife intervening has no interest in the question of the validity of the assignment, and can not interpose an objection by demurrer to the allegations of the complaint on this point.</p>