California District Court of Appeal
330 P.2d 858 (Cal. Dist. Ct. App. 1958)
Elaine Wilson and her husband Calvert Wilson acquired a piece of real property as joint tenants. The record title of the property remained in them as joint tenants until Calvert died in 1955. In 1954, Elaine and Calvert divorced. Later that year, Calvert mortgaged his interest in the property to his parents Frank and Alice Wilson (defendants). In 1956, the People of the State of California (plaintiff) began condemnation proceedings against the property. Elaine asserted that she was the sole owner and was entitled to the entire proceeds from the condemnation. Calvert’s parents asserted that their mortgage should be satisfied from the proceeds. The trial court ruled that the mortgage should be paid out of the proceeds.
Rule of Law
Holding and Reasoning (Nourse, J.)
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