Cary v. Tice

Citations

• 6 Cal. 625

Syllabus

<p>Where a married man, whose wife had never resided in this State, purchased a lot of land and resided upon it, which he then mortgaged, his wife not joining therein, and subsequently his wife came to this State and resided with him on the mortgaged premises ; Held that the character of homestead was never impressed upon the premises until the actual residence of the family thereon, and therefore the homestead exemption cannot be sustained against the mortgage.</p> <p>The Constitution is inoperative in itself, and looks to legislation to determine how far and in what manner the homestead should, be protected from forced sale.</p>