Farley v. Hopkins

Citations

• 79 Cal. 203
• 21 P. 737
• 1889 Cal. LEXIS 698

Syllabus

<p>Homestead — Execution Sale — Temporary Injunction — Disputed Facts. — Upon an application for a temporary injunction to restrain a sheriff from selling a homestead under execution, if there is a dispute in the affidavits of the parties as to whether the homestead included the upper story of the building occupied as a homestead, it is not error for the trial court granting the temporary injunction to refuse to determine the disputed facts on the motion in anticipation of the final judgment. Id.—Filing Declaration of Homestead — Agency. — The declaration of homestead need not be filed upon the day of its execution and acknowledgment; nor need it be filed by the declarant in person without the agency of others.</p> <p>Id.—Declaration by Wife—Sufficiency of Statement.—It is sufficient in a declaration of homestead made by a wife to state that the husband has not made such declaration, and that she makes it for the joint benefit of herself and husband, without specifying in terms that she makes it for the reason that her husband has not made it.</p>