Bank of Suisun v. Stark

Citations

• 106 Cal. 202
• 39 P. 531

Syllabus

<p>Abandonment on Homestead—Grant upon Condition Subsequent— Reservation to Grantors.—A homestead is abandoned by a deed of grant executed by the husband and wife purporting to convey the land in prcesenti to the grantee, and to his heirs and assigns, upon the express condition that the party of the second part shall make certain specified payments to the children of the grantors, and that when the party of the second part, or his heirs or assigns, shall have performed such conditions, the legal title to the premises shall vest in him absolutely; and such deed vests the title in the grantee upon condition subsequent, and the title is not affected by the reservation to the grantors of the right to live in and occupy the house on the premises, and to he supported and clothed out of the yearly proceeds of the premises so long as they should live.</p> <p>Id. — Mortgage toon Homestead — Estates of Deceased Persons— Presentation of Claim.—Where the homestead was abandoned before the death of the mortgagor, the fact that a homestead existed at the time when the mortgage was executed does not make it essential that a claim should be presented against the estate of the deceased mortgagor; but the mortgage may be foreclosed upon the premises, where the complaint expressly waives all recourse against any other property of the estate of the mortgagor than that described in the mortgage.</p> <p>Id.—Parties—Representatives of Deceased Wife.—Where no administration has been had upon the estate of the deceased wife, and the property mortgaged was community property, a complaint making all of the heirs at law of both husband and wife parties defendant is not defective upon the ground that the personal representative of the deceased wife was not made a defendant.</p>