People v. Nogarr
California District Court of Appeal
330 P.2d 858 (Cal. Dist. Ct. App. 1958)
Relevant factsFree
Elaine Wilson (defendant) and her husband Calvert owned property as joint tenants. After they separated, Calvert alone gave his parents a mortgage on the property without Elaine's knowledge. After Calvert died, the State filed a condemnation action; Elaine claimed sole ownership of the proceeds, while Calvert's parents claimed a mortgagee's interest. The trial court awarded the parents half the proceeds, and Elaine appealed.
IssueFree
Whether a mortgage executed by only one of two joint tenants remains enforceable after that joint tenant's death.