Court of Appeal of California
330 P.2d 858 (1958)
Elaine Wilson (defendant) and Calvert Wilson, husband and wife, owned a piece of real property as joint tenants. The couple separated, and Calvin thereafter issued to his parents, Frank and Alice Wilson, a promissory note secured by the marital property. Elaine Wilson had no knowledge of the mortgage made by Calvert. After Calvert’s death, the State of California (plaintiff) filed suit to condemn the marital property. Elaine Wilson claimed to be the sole owner of the property. Frank and Alice Wilson claimed an interest in proceeds of the condemnation sale as mortgagees. The trial court held that Frank and Alice were entitled to claim the value of their mortgage interest from 50 percent of the proceeds of the condemnation sale. Elaine Wilson appealed.
Rule of Law
Holding and Reasoning (Nourse, J.)
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