Stewart v. Whitlock

Citations

• 58 Cal. 2

Syllabus

<p>Mistake—Mobtgage.—In an action to foreclose a mortgage, executed by a husband and wife, upon a portion of the homestead, the Court found that the wife, in executing the mortgage, was made acquainted with the literal contents of the instrument, but did not intend to include a certain portion of the land mortgaged, and did not suppose it was included; that ' her mistake was caused by the misrepresentations of her husband, but that the mortgagee did not know of such misrepresentations, or that her intention was otherwise than as expressed in the instrument. Held, that her mere intention (uncommunicated to the mortgagee either by the writing itself or otherwise) could not control the plain letter of her contract.</p>