Greenwalt

Greenwalt v. Mueller

Good Law
126 Cal. 636·1899 Cal. LEXIS 777·59 P. 137
Supreme Court of CaliforniaNovember 10, 1899L.A. No. 578.California1,144 words

Opinion

Lead Opinion

Chipman, J.

—Action to have a certain conveyance of real property to defendant declared to be void, and for a decree adjudging the property to belong to the insolvent estate of defendant’s husband. The cause ivas tried by the court without a jury, and it found the following facts: That on December 6, 1893, defendant purchased with her own means lot 108 in Brook’s addition to the city of Los Angeles for the sum of five hundred dollars, “and as part of the consideration undertook and promised to pay off an encumbrance of two hundred and fifty dollars then resting on said lot”; that the deed when first drawn made her the sole grantee, but before delivery her husband requested that he be made one of the grantees, to which defendant consented “upon his promise to pay off said encumbrance of two hundred and fifty dollars, whereupon his name was inserted and the deed delivered”; that he failed to pay said mortgage, and defendant thereupon paid the same “with means furnished to the defendant by a son of defendant who gave his earnings to said defendant for the purpose of paying off said encumbrance and thereby acquire an unencumbered home”; that defendant’s husband never paid any part of the…

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