Brown

This case was here on a former appeal. (Brown v. Rouse, 93 Cal. 237 .)

The original complaint alleged these facts: On November 18, 1887, the defendant, Charlotte Bouse, a married woman, by her alleged attorney in fact, G. M. Bouse, who was her husband-, made and executed to plaintiff her promissory note for $1,200, and a mortgage to secure the same on certain land which was her separate property, situated in Santa Clara county, California. She properly acknowledged the power of attorney under which the mortgage was executed, but the notary neglected to recite in his certificate that she was examined apart from her husband, etc. At that time there was a previous mortgage on the land for $400, executed by said Charlotte to one Davis; and, at the time of the execution of the mortgage sued on, the said Davis mortgage was satisfied out of the $1,200 for which said mortgage sued on was given. It was alleged that said Charlotte “procured plaintiff to pay and satisfy said (Davis) lien and mortgage,” and that he did pay it at her request. The prayer of the complaint was that the certificate of the notary be corrected; that plaintiff be subrogated to the rights of Davis under his mortgage,…