Cook v. Klink

Citations

• 8 Cal. 347

Syllabus

<p>A motion to dismiss appeal, on the ground that the transcript was not filed within the time required by the third, rule of this Court, is too late after the case has been submitted.</p> <p>The homestead right is nob affected by the foreclosure of a mortgage signed by the husband alone.</p> <p>The homestead right cannot be tried on a motion to set aside a sale under the mortgage. The husband and wife should have filed a cross bill in the foreclosure suit, or brought an ejectment-suit for the property.</p> <p>The homestead right cannot be individually asserted 5 both parties must join.</p>