Harper v. Forbes

Citations

• 15 Cal. 202

Syllabus

<p>A complaint by husband and wife to recover the homestead conveyed away by the deed of the husband alone must aver, either that the premises were occupied as a homestead at the date of the conveyance, or that they had not been previously abandoned.</p> <p>Occupancy of the premises by the husband with his family is presumptive evidence of their appropriation as a homestead, and removal from such premises by the husband and family, is presumptive evidence of their abandonment as a homestead.</p> <p>To rebut the presumption of abandonment in such case, it must be shown that the removal was temporary, made for a specific purpose, with the intention of reoccupying the premises.</p>