Gagliardo v. Dumont

Citations

• 54 Cal. 496

Syllabus

<p>Homestead — Deed — Power of Attorney;— Under the Homestead Act of 1862, the alienation oE the homestead could only be by the personal act of the husband and wife; and a deed for that purpose could not be executed by attorney.</p> <p>Id.—D>. — Id. — Afteb-acquiked Title — Sep abate Property — Construction.—G., being the owner of land in San Francisco, and residing thereon with his wife, signed a declaration of homestead, and on the same day executed a power of attorney to D. to sell andfconvey “all the real estate” of G. in San Francisco, and both documents were acknowledged and recorded llio same day. Afterward, D., as the attorney of G., executed a deed of conveyance of the land to S.—the wife of G. joining in the deed. In an action of ejectment, brought by G., after the death of his wife, against the grantees of S., to recover the land, held, that the deed was void, and the plaintiff entitled to recover. Held, also, that the homestead was no part of the separate real property of the husband, and, therefore, the power of attorney did not authorize the attorney to sell and convey it.</p>