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· 8/1/1885

Orr v. Stewart

Citations

  • 67 Cal. 275
  • 7 P. 693
  • 1885 Cal. LEXIS 616

Syllabus

<p>Action to Quiet Title—Legal Title in Government.—An action to quiet title to lands is maintainable in this State, although the legal title thereto is in the government of the United States.</p> <p>Mortgage in Fee—After-acquired Title—Foreclosure. — Where a mortgage of land purports to convey the fee, any title afterwards acquired by the mortgagor will feed the mortgage and inure to the benefit of the mortgagee; and this is so although the title when the mortgage was made was in the government of the United States, and was acquired by the mortgagor after a foreclosure of the mortgage.</p> <p>Id.—Mortgage of Homestead.—Section 2296 of the United States Revised Statutes does not prohibit the voluntary mortgaging of land entered as a homes tead.</p>

Judges: Belcher

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