Frankel

Frankel v. Boyd

Good Law
106 Cal. 608·1895 Cal. LEXIS 649·39 P. 939
Supreme Court of CaliforniaMarch 30, 1895No. 19525California2,228 words

Opinion

lead Opinion

Searls, J.

This is a bill in equity to obtain a decree adjudging certain lands of the defendant S. J. Boyd liable to the satisfaction of a demand of plaintiff for six hundred dollars and interest.

Plaintiff had a decree, as prayed for, from which decree and from an order denying her motion for a new trial said defendant S. J. Boyd appeals.

For many years prior to January 30, 1891, the defendants herein were husband and wife, and the owners of, as community property, a tract of land in the county of Los Angeles, of the value of say fifty thousand dollars, upon which they resided with their family, and upon which they had filed a declaration of homestead. They had no other property than this land and the improvements thereon, together with livestock, farming utensils, furniture, etc., and neither of defendants owned any separate property. - There was a mortgage of five thousand dollars upon the property.

The plaintiff herein xvas a merchant living in the vicinity of defendants, and familiar with their financial standing.

Relying upon the ownership by defendants of said property plaintiff was induced to extend to them credit, aqd did sell and deliver to the defendant E. H. Boyd (the…

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