Ashley v. Olmstead

Citations

• 54 Cal. 616

Syllabus

<p>Appeal—Obdeb ■ Sustaining Demubbeb—Judgment.—Erom an order sustaining a demurrer, no appeal can be taken directly to this Court, but the only method of reviewing it is through an appeal from the judgment.</p> <p>Homestead —Constbuotion ov Statute.—The provisions of § 1263 of the Civil Code, prescribing what shall be contained in a declaration of homestead, are mandatory, and a compliance with them is essential to the validity of the homestead. Held, accordingly—in an action to foreclose a mortgage, executed by the husband on community property—that a declaration of homestead made by the wife prior to the mortgage, which failed to contain an estimate of the actual cash value of the land, was void.</p>