Frank & Co. v. Weiner

The controlling question is whether the waiver of homestead expressed in the statement by Weiner to Frank & Company is valid relatively to his present indebtedness. There was an indebtedness on the account of two thousand dollars at the date of the waiver. This was gradually discharged by the course of payments, which exceeded the amount of subsequent purchases. Consequently the present indebtedness represents debt incurred for purchase of goods after the alleged homestead waiver. In the Civil Code '(1910), § 3413, it is provided: “Any debtor may, except as to wearing apparel and three…