Hayford v. Kocher

Citations

• 65 Cal. 389
• 4 P. 350
• 1884 Cal. LEXIS 568

Syllabus

<p>Reformation of Conveyance—Homestead—Action of Ejectment.—The demanded premises were intended to be, but by mutual mistake were not, included in a conveyance of certain lands executed by the. plaintiff Flavel Hay-ford, to the defendant Catherine Kocher. Afterwards a decree of reformation was made and entered by which the conveyance was made to include the omitted premises. After the execution of the conveyance and before the commencement of the action for its reformation, the plaintiff Lydia A. Hayford, wife of Flavel Hayford, selected the premises as a homestead, knowing at the time that the parties to the conveyance intended that the property should be included, and that it had been omitted by mutual mistake. Held, that no homestead rights attached to the property.</p>