Grupe v. Byers

Appeal from a judgment of the Superior Court of San Joaquin County.

The action was brought against the defendants, a divorced husband and wife, to foreclose a mortgage which had been executed by the wife alone. During the marriage of the defendants, the wife filed a declaration of homestead on certain community property. Soon after the declaration was filed, the marriage was dissolved by a decree of divorce, but no disposition of the homestead ■ was made by the decree. After the dissolution of the marriage, the husband conveyed to the wife all of his title and interest in the property covered by the homestead; and the wife subsequently executed the mortgage in question thereon. The court found that at the time of the execution of the mortgage the property was impressed with the. homestead character, and that the mortgage was a lien thereon to the extent that its value exceeded five thousand dollars. Judgment was rendered accordingly. From the portion of the judgment limiting the lien of the mortgage the plaintiff appeals. The further facts are stated in the opinion of the court.