Van Reynegan v. Revalk

Citations

• 8 Cal. 75
• 1857 Cal. LEXIS 295

Syllabus

<p>Where, after judgment of foreclosure had been taken in an action against the husband solely, on a mortgage on the homestead premises, executed by him alone, the husband and wife joined in a mortgage to a third party: Held, that the foreclosure bound no one as to the homestead, and that the second mortgage was absolute as against the homestead.</p> <p>The wife’s decease before the second mortgage was recorded, does not impair it as against a void mortgage.</p> <p>The cases of Revalk v. Kraemer, and Dorsey v. McFarland, affirmed.</p>