Bodden v. Community National Bank of Kern County

Appellant bank appeals from an adverse judgment in a declaratory relief action holding that its deed of trust is unenforceable against respondent’s property by reason of a prior recorded homestead.

The property was first purchased by respondent and her former husband in 1958. They lived in the five-room house, described as “old,” located on the rear part of a single lot 142 feet 10 inches deep and 53 feet 6 inches wide. Respondent became the sole owner of the property upon her husband’s death in 1960. During the year 1961 she married Daniel Bod-den, and they resided in the five-room house for…