Himmelmann v. Schmidt

Citations

• 23 Cal. 117
• 1863 Cal. LEXIS 199

Syllabus

<p>The amendment to the Homestead Act of 1860, which provides, that “Ho mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the ¡homestead property, shall be valid for any purpose whatever,” must be strictly construed, and can be applied only to those cases which come clearly within its letter and spirit.</p> <p>A mortgage on the homestead, executed and delivered after the Act of 1860 went into effect, although invalid at the time of its execution, becomes valid and effectual immediately upon the execution and recording of a declaration of abandonment.</p>