McLaughlin v. Hart

Citations

• 46 Cal. 638

Syllabus

<p>Mortgaging Homestead.—If the husband' and wife own a tract of land, a part of which is claimed as a homestead, and both execute a mortgage ‘ on the whole tract to secure a debt, and the husband afterwards executes a • mortgage upon the part not covered by the homestead to secure his debt, and the first mortgagee forecloses, malting the other mortgagees parties, the second mortgagees cannot insist that tho homestead be sold, but the decree 'should direct the part not covered by the homestead to be first sold, and if the proceeds satisfy the first mortgage that the homestead be reserved from sale. The second mortgagees must rely on the surplus, if any, arising from the sale of the part not covered by the mortgage.</p>