People v. Nogarr

164 Cal.App.2d 591, 330 P.2d 858, 67 A.L.R.2d 992 (1958)

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Nature of the Case

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Facts

Elaine R. Wilson (P) and her husband owned the property at issue as joint tenants. The parties separated. Without P's knowledge or consent, the husband executed a mortgage on the property in favor of his parents (D). After the husband's death, the State of California filed an action to condemn the property, alleging in its complaint that P was the owner of the property and D were the mortgagees. P alleged in her answer that she was the owner of the property, but that D had no interest in it. D alleged that they were mortgagees of the property and prayed that the mortgage be satisfied from the proceeds of the condemnation award. The lower court made no formal findings but awarded D the amount of their mortgage. P appeals, arguing that the mortgage was a lien on her husband's interest in the property only; that it did not operate to sever the joint tenancy; and that upon the husband's death, the lien on his interest terminated.