Alexander v. Jackson

Citations

• 3 Cal. Unrep. 344
• 25 P. 415
• 1890 Cal. LEXIS 1184

Syllabus

<p>Homestead.—A Married Man Bought Certain Lots, Terms Part Cash, balance on time, deed to be given on payment of balance, lots to be forfeited on failure to meet payments. He then built a house on the lots and moved into it with his family. The payments on the lots and the house were made with the community property. The wife executed and filed a declaration of homestead on the lots. Before final payments on the lots had been made, the husband assigned the contract and sold the house to plaintiff, who had knowledge of the homestead declaration, and who paid the balance of the purchase money and received' a deed of the lots. Prior to the assignment to plaintiff, the wife offered to pay the vendor the amount due ion the lots on condition that he would convey them to her or to her and her husband jointly. Held that, as at the time the declaration of homestead was filed the title was in the vendor, the wife acquired no rights in the property.</p> <p>Ejectment—Judgment.—Where in Ejectment There is Coupled with a judgment for defendant an order that a certain sum be paid plaintiff, the leaving of this sum by defendant with plaintiff’s attorney, which he refuses to accept, is not a satisfaction of the judgment so as to prevent an appeal by plaintiff.</p>