Flege v. Garvey

Citations

• 47 Cal. 371

Syllabus

<p>Aiienation of Homestead.—The estate held by a husband or wife in a . homestead, cannot be alienated by the voluntary act of either or both of the parties, except in the manner provided by the statute in force at the time.</p> <p>Conveyance of Homestead.—The conveyance by which the title to a homestead is transferred must be signed by both husband and wife, if the wife resides in the State, and acknowledged by her in the manner of a conveyance of her separate estate.</p> <p>Idem.—The Statute has made no provision for the sale of a homestead in case of the lunacy, civil death, or imprisonment of either husband or wife.</p> <p>Hade of Homestead by Guabdian of Insane Husband.—If the husband becomes insane, and a guardian is appointed by the Probate Court, the guardian has no power to sell the homestead acquired by the husband and wife before the husband became a lunatic.</p> <p>Idem.---If the husband becomes insane, and a guardian is appointed by the Probate Court, who petitions the Court for power to sell the homestead, the Court has no jurisdiction over the wife’s interest in the homestead, even if it appoints an attorney to represent her, and he consents to an order of sale; and a sale made by the guardian, by order of the Probate Court, conveys no title to the purchaser.</p> <p>When Wbte is not Estopped pbom Rbcoyebinq Homestead. — The facts, that after a declaration of homestead had been filed the husband became insane, and a guardian was appointed for him by the Probate Court, and on the petition of the guardian said Court made an order that the homestead be sold to pay the expenses of the wife and children, and that after the sale the wife received a .part of the proceeds of the same, and consented that an attorney be appointed to represent her in the Probate proceedings, do not estop the wife from afterwards recovering possession of the homestead from the purchaser at the guardian’s sale.</p>