Bartholomew v. Hook

Citations

• 23 Cal. 277

Syllabus

<p>A judgment recovered against the husband, after the first day of June, 1862, and before the filing of a declaration of homestead, becomes a lien on the homestead property, and renders it liable to be sold under the execution issued on the judgment.</p> <p>If, however, after the judgment is docketed, the wife file a declaration of homestead, she acquires thereby such an interest in the homestead, as to enable her to maintain an action against the Sheriff to compel him to exhaust the husband's personal property, before proceeding to sell the homestead.</p>