Silva v. Serpa

Citations

• 86 Cal. 241
• 24 P. 1013
• 1890 Cal. LEXIS 1014

Syllabus

<p>Appeal—Dismissal — Service of Notice upon Clerk—Party Absent from State. — An appeal will not be dismissed for failure to serve the notice of appeal personally upon a party who appeared in his own person, and had no attorney, if it appears, from an affidavit filed in the court below, and properly certified to this court, that, at the time the appeal was taken and the notice served, such party was absent from the state, and the record shows that the notice o£ appeal was served on the clerk for him.</p> <p>Foreclosure of Mortgage—Lien of Judgment for Alimony—’Priority — Fraud — Want of Consideration — Evidence — Admissions of Mortgagor — Prejudicial Error. —In an action to foreclose mortgages, in which the priority of the lien of the mortgages was contested by the divorced wife of the mortgagor, and the lien postponed by the court to the lien of a judgment in her favor for alimony, on the alleged ground that the mortgages were executed without consideration to defraud creditors, and to cheat her out of her claim for alimony, the admission in evidence of ex parte statements and admissions of the mortgagor, made after the execution of the mortgages, in support of the alleged charges, is error presumably prejudicial to the mortgagee, and is ground for reversal of so much of the decree of foreclosure as postpones the lien of the mortgages to the lien of the judgment.</p>