Dunn v. Tozer

Citations

• 10 Cal. 167
• 1858 Cal. LEXIS 203

Syllabus

<p>Where a defect of parties is apparent upon the face of the complaint, the objection must be taken by demurrer, or the same will be waived.</p> <p>The fact that both husband and wife were anxious to sell their homestead, and the husband made repeated efforts for that purpose, but failed because a satisfactory price could not be obtained, does not show an intention to abandon the homestead as such.</p> <p>Where property has been dedicated as a homestead, the husband and wife become joint owners thereof, with the right of survivorship, and their declarations of intention to sell and remove from the premises will not constitute an abandonment.</p> <p>¡Nor will the declarations of the husband bind the wife. The act of the wife in going with her husband to reside u$on another place, will in no way affect her right.</p> <p>The only way in which the right of the wife to the homestead can be extinguished, is by a joint deed executed by both husband and wife, and properly acknowledged.</p> <p>The right of homestead having once attached, and not having been alienated, a deed from the sheriff, under an execution against the husband, would be a cloud upon the title, and prevent the free alienation of the property by the husband and wife.</p>