Building v. Hardie

Citations

• 75 Cal. 332
• 17 P. 229
• 1888 Cal. LEXIS 543

Syllabus

<p>Judgment—Action against Personal Representations does not Afeect Individual Rights — Homestead.—Where a surviving wife is sued solely as the executrix of her deceased husband, in an action to foreclose a mortgage executed by him, a judgment of foreclosure cannot affect the individual rights that she has in the mortgaged property as a homestead, notwithstanding in her answer as executrix she sets up the fact of the declaration of homestead on the property.</p>