Apprate v. Faure

Citations

• 121 Cal. 466
• 53 P. 917
• 1898 Cal. LEXIS 933

Syllabus

<p>Quietinq Title—Homestead—Finding—Evidence—Stipulation.—In an action to quiet title, a finding that the premises constituted the homestead of two of the defendants, husband and wife, is not sustained by evidence merely that a declaration of homestead containing the proper recitals was filed for record by the wife, without any attempt to prove the truth of the recitals therein contained, nor by a stipulation that a homestead was filed by the wife for the ben- .. efit of herself and husband. Such stipulation can only mean that a valid declaration of homestead was filed, and not that there was a valid homestead.</p> <p>Id.—Recitals in Declaration of Homestead — Proof Aliunde.—The recitals in a declaration of homestead are mere ex parte statements of the declarant, and are not legitimate proof of the truth of the facts recited. The truth of the recitals must be proven aliunde, whenever the validity of the homestead is attacked.</p>