Kellersberger v. Kopp
California Supreme Court
Appeal from tlie District Court of the Twelfth Judicial District. This was an action to foreclose a mortgage. The defendants, Kopp and his wife, claimed their homestead right in the mortgaged premises on the ground that the mortgage was executed by the husband alone. The Court below entered a decree as prayed for by the plaintiff. Defendants appealed.
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Appeal from tlie District Court of the Twelfth Judicial District. This was an action to foreclose a mortgage. The defendants, Kopp and his wife, claimed their homestead right in the mortgaged premises on the ground that the mortgage was executed by the husband alone. The Court below entered a decree as prayed for by the plaintiff. Defendants appealed. The record establishes the following facts: On and before July 1st, 1854, appellant Kopp was the owner in fee of the lot of ground described in the complaint. On July 24th, 1854, Kopp made an agreement in writing with Jean B. Le Clerc, (who was…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Justice Heydenfeldt.
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
This case must be decided upon the principle settled in Davis & Wolf v. Fleishacker, 5 Cal. R. We there held, that a homestead right under our statute cannot attach upon lands held in common or by joint tenancy.
As husband and wife may, by joining in a conveyance, destroy a homestead right already acquired, by selling the whole, so they may equally destroy it by selling and conveying a part of it, if it be done in the shape of an undivided moiety, so as to turn the estate…
2Cited by6 opinions
- Kachigian v. KachigianCalifornia Supreme Court · 1942
- Arighi v. Rule & Sons, Inc.California Court of Appeal · 1940
- First Trust & Savings Bank v. WardenCalifornia Court of Appeal · 1936
- Vieth v. KlettCalifornia Court of Appeal · 1948
- Carroll v. EllisCalifornia Supreme Court · 1883
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