Holden v. Pinney

Citations

• 6 Cal. 234
• 1856 Cal. LEXIS 107

Syllabus

<p>The homestead is the family residence, and in order to constitute a homestead, there must be an actual occupancy, with the intention of dedicating the premises to such purpose. Residence is prima facie evidence of such intention, and imports notice. When the premises have acquired the character of a homestead, by actual occupation, with such intention, the estate thus created cannot be destroyed, except by the concurrence of both husband and wife; neither will their removal from the premises operate as an abandonment.</p> <p>The question of homestead is a question of fact, and the presumption arising from residence may be defeated by facts and circumstances aliunde.</p> <p>A widow who has once applied to the Probate Court to have the last residence of her husband and herself set aside as a homestead, and has acquiesced for eighteen months in the order setting it so aside, is concluded by her own acts from afterwards claiming a lot on which they formerly resided, merely because she has ascertained that there are liens on the lot first set aside.</p>