Clements v. Stanton
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Colusa County. The action was brought to enjoin the defendant, as Sheriff, from executing a deed to the premises in controversy, under a judgment obtained against the plaintiff, Q. A. Clements. The plaintiff, M. E. Clements, wife of Q. A., had declared a homestead in the premises prior to the judgment.
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Appeal from the District Court of the Tenth Judicial District, Colusa County. The action was brought to enjoin the defendant, as Sheriff, from executing a deed to the premises in controversy, under a judgment obtained against the plaintiff, Q. A. Clements. The plaintiff, M. E. Clements, wife of Q. A., had declared a homestead in the premises prior to the judgment. At the trial, the plaintiffs offered the declaration of homestead in evidence, and it was admitted, the defendant objecting that the acknowledgment was not taken as required by law. The plaintiffs had judgment on the fourth day of…
1Opinion of the Court
By the Court:
Homesteads may be selected by the husband and wife, or either of them. The selection is made by filing a declaration, which must “be signed by the party mating the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded.”
The homestead may be abandoned by filing in the office where it is recorded a declaration of abandonment, “executed and acknowledged by the owner thereof, and executed and acknowledged by the wife, if the owner be married, and the wife be a resident of this State, in the same manner as required by law…
2Cited by2 opinions
- Beck v. SowardCalifornia Supreme Court · 1888
- Estate of Goodale, Superior Court of California, County of San Francisco1891