Ackley & Dana v. Chamberlain

Citations

• 16 Cal. 181
• 1860 Cal. LEXIS 201

Syllabus

<p>A judgment recovered against the husband does not become a lien on the homestead, and a sale of the homestead upon an execution issued on such judgment is void.</p> <p>The lien of a judgment is purely the creature of statute, and in this State the statute only provides that a judgment shall become a lien from the time it is docketed upon the property of the judgment debtor “not exempt frpm execution,” which means upon property not subject to forced sale. The hómestead is not subject to such sale, either on execution or any other final process of the Court.</p> <p>In this case, the premises, consisting of a principal building, with a barn, storehouse and out-houses appurtenant thereto, were held to be a homestead, although the principal building was used as a hotel, as well as a dwelling for the family—it appearing that the land, one hundred and sixty acres, was taken up, and said building originally intended as a residence for the family, and that the nature and extent of the hotel-keeping did not interfere with the general character of the premises as such dwelling, and that the entire premises were not worth over $2,000.</p> <p>Query, whether premises devoted chiefly to business purposes, though occupied in part by the family, can be claimed as a homestead 7</p>