Pfeiffer v. Riehn

Citations

• 13 Cal. 643
• 1859 Cal. LEXIS 225

Syllabus

<p>Iir an equity case, submitted by the Court to a jury, this Court mil not review the testimony, if any proof sustains the verdict and judgment.</p> <p>A jurat to an answer, is, in form and substance, an affidavit, and may be taken before a County Recorder.</p> <p>Where husband and wife execute a note and mortgage, the note is good as to the husband, even if void as to the wife; and the property is bound by the mortgage, independent of the note of the wife.</p> <p>Carey v. Tice, (6 Cal. 639,) that the Legislature may determine in what manner and how the homestead is to be protected, affirmed.</p> <p>In a mortgage of the homestead, the premises need not be described as the homestead.</p> <p>Where the jury and Court are satisfied that the wife understood English, at the time of executing and acknowledging a note and mortgage upon the homestead, there was no necessity for an interpreter to explain the contents of the mortgage.</p> <p>In a foreclosure suit, on a note and mortgage of the homestead, executed by husband and wife, the wife alone answered, but did not verify her answer. On suit brought to vacate the decree rendered in the foreclosure, the wife, having been served with process, cannot complain that her answer was not verified. And her failure, by excusable negligence, to make defense to the foreclosure, is no ground to vacate the decree, if it be shown that in fact she had no defense.</p> <p>A decree, in an equity case, is not vitiated because based on the verdict of a jury, even though it might have been made without a jury.</p>