Brennan v. Wallace

Citations

• 25 Cal. 108

Syllabus

<p>Homestead—Abandonment op.—If both husband and wife removed from a homestead acquired and held under the law as it existed before the amendments of 1860, whether the removal was only temporary, or was an abandonment of the homestead and intended to be permanent, are questions of fact to be determined by the Court from all the evidence.</p> <p>Idem—Evidence op Abandonment.—The declarations of the husband in relation to an abandonment of a homestead, acquired before the amendments of 1860 to the homestead law, and before a declaration of homestead had been filed under said amendments, are admissible in evidence in an action against both husband and wife, where the fact of abandonment is in issue.</p> <p>Idem.—A declaration of abandonment of a homestead, acquired by actual occupancy previous to 1860, made and acknowledged by both husband and wife, and recorded before any declaration of homestead had been made, is admissible in evidence, as a fact tending to show an actual abandonment.</p>