First National Bank v. Bruce

Citations

• 94 Cal. 77
• 29 P. 488
• 1892 Cal. LEXIS 641

Syllabus

<p>Homestead — Declaration by Wife — Priority over Unrecorded Mortgage — Intention to Change Residence.—A mortgage executed by the husband, but not recorded before a valid declaration of homestead by the wife is filed for record, cannot be enforced against the wife’s claim of homestead, although ten days after the filing by the wife of the declaration the spouses moved to adjoining lands for the purpose of acquiring title thereto under the United States homestead laws, and the declaration of homestead was made by the wife with full knowledge of her husband’s intended removal from the premises, and with the intention on her part to remove therefrom with him.</p> <p>Id. —Residence—Husband and Wife — Duty of Wife. —The residence of the husband is in law the residence of the wife. The husband has the right to select a residence, and it is the duty of the wife to remove with him when he removes from his residence, and her intention to discharge this duty cannot defeat her right to claim a homestead before the residence is in fact changed.</p>