Shinn v. Macpherson

Citations

• 58 Cal. 596
• 1881 Cal. LEXIS 275

Syllabus

<p>Homestead—Fraud as to Creditors—Constructive Trust—Subrogation—Mortgage—Partnership.—M. & S. were partners until September 24th, 1880, when the firm was dissolved by mutual consent. M., being the owner of a house and lot upon which there was a mortgage, his wife, on September 16th, I860, filed a declaration of homestead thereon; and on the next day M. secretly and surreptitiously drew from the assets of the firm a sum of money (there being at the time nothing due frpm the firm or from S.), out of which he, on September 27th, paid off and discharged the mortgage lien. In an action by S. against M. and wife, to obtain a decree adjudging a lien upon the land paramount to the homestead right for the amount paid in discharging the mortgage: Held,that the plaintiff was entitled to the relief demanded.</p>