Barnard v. Boller

Citations

• 105 Cal. 214
• 38 P. 728
• 1894 Cal. LEXIS 1139

Syllabus

<p>Homestead—Exemption from Debts—Receiver’s Receipt—Execution Sale.—Under the law of Congress a homestead acquired pursuant to the Revised Statutes is not liable to the satisfaction of any debt contracted prior to the issuing of the patent, and no lands acquired as a homestead can be taken in execution for any debt incurred after the issuing of a receiver’s receipt entitling the homestead claimant to a patent brought before the issuance of the patent.</p> <p>Id.—Relation of Title to Equitable Title.—The fact that the patent relates to the receiver’s receipt, and that the homestead claimant had a perfect equitable title to the land, which he could convey after payment had been made therefor, does not affect the question of the liability of the homestead to be taken to satisfy any debt contracted prior to the issuing of the patent.</p>