Reports of Cases Determined in the Supreme Court of the State of California Volume 23
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Reports of Cases Determined in the Supreme Court of the State of California Volume 23

Reports of Cases Determined in the Supreme Court of the State of California Volume 23


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ... Satterlee v. San Francisco. said parties of the first part do hereby abandon, renounce, and disclaim all homestead, as well as right of homestead, in and to said property." The declaration of homestead was not made, filed, or recorded in accordance with the provisions of the Act of 1860, at the time of the execution of the mortgage. The case comes, therefore, fully within the principles announced by this Court in the case of Cohen v. Davis (20 Cal. 187), in which it was held that Sec. 2 only applied to those cases where the parties had duly established their homestead right, according to the provisions of the Act of 1860; and that where the parties claimed a homestead at the time of executing the mortgage, under the provisions of the Act of 1851, the Act of 1860 did not apply. In the present case, at the time of the execution of the mortgage, all the homestead right claimed by Bliven and wife was under the Act of 1851; and under that law, which governed the rights of the parties, the mortgage was a valid incumbrance upon the property. After the case had been tried and submitted, and while the Court had the same under advisement, Mrs. Bliven applied to the Court for leave to file a separate answer, and the defendant Thomas also applied for leave to file an amended answer, both of which applications were denied by the Court; and this is assigned as error. The late period at which these applications were made, debarred these defendants from all claim to file such answers as a matter of right, and they were therefore subject to the discretion of the Court, and there was no abuse of that discretion to justify us in disturbing the judgment on that ground. The judgment is therefore affirmed. SATTERLEE v. SAN FRANCISCO. Undek the charter of San...


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Product Details
  • ISBN-13: 9781154204384
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 244
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154204383
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 440 gr

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