Beaton v. Reid

Citations

• 111 Cal. 484
• 44 P. 167
• 1896 Cal. LEXIS 610

Syllabus

<p>Homestead—Exemption from Execution—Justice’s Judgment Prior to Declaration—Lien—Levy of Execution.—The homestead is exempt from execution or forced sale, under a judgment obtained in a justice’s court prior to the declaration of homestead, where such judgment was not made a lien upon the land by the filing of an abstract thereof in the office of the county recorder; and the levy of an execution under the judgment prior to the declaration will not entitle the judgment creditor to sell the homestead under the execution.</p> <p>Id,—Liens of Judgment and Execution Distinguished.—The lien of the levy of execution is not that of the judgment, and it neither creates a judgment lien, nor extends a judgment lien once created.</p> <p>Id.—Construction of Homestead Aot.—The statute providing for and protecting the homestead right is to be construed strongly in favor of its protection, and the right of a creditor to take the homestead on forced sale will be strictly limited to the instances specified in the statute.</p>