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Property Keyed to French
People v. Nogarr
Citation:
330 P.2d 858, 67 A.L.R.2d 992 (Cal. Dist. Ct. App. 1958)Facts
The appellant, Elaine, and Calvert S. Wilson were husband and wife. On April 10, 1950, they acquired the home in question as joint tenants, and record title remained in them as joint tenants until the death of Calvert. In July 1954, Elaine and Calvert separated. On October 11, 1954, Calvert executed a promissory note to his parents, the respondents, the Wilsons. At the same time he executed and delivered to the Wilsons a mortgage on the home. Elaine had no knowledge of nor gave her consent to this mortgage. On June 23, 1955, Calvert died. On May 8, 1956, the People commenced an action to condemn the home. The fair market value of the property was $13,800, and this was paid into the court by the People. This suit commenced over how the proceeds would be divided between Elaine and the Wilsons.
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