Parry v. Kelley

Citations

• 52 Cal. 334
• 1877 Cal. LEXIS 112

Syllabus

<p>Mortgage by Wife on Community Property-.—If real estate is purchased with community property, but is deeded to the wife, a mortgage given by her on the same creates no lien.</p> <p>Idem.—Although a mortgage given by the wife on community property creates no lien, yet the mortgage is not void in the extreme sense ; and if the husband afterwards dies and the wife inherits the property, the mortgage becomes a lien on the interest thus inherited by the wife, subject to the payment of the debts of the estate.</p>