Kennedy v. Gloster

Citations

• 98 Cal. 143
• 32 P. 941
• 1892 Cal. LEXIS 1007

Syllabus

<p>Homestead—Land Situated in Two Counties—Duplicate Declaration—Successive Filings.—It is not necessary in order to constitute a valid homestead upon a tract of land situated partly in two counties that the same declaration or paper should be filed in each county; but it is sufficient if the declaration is executed in duplicate, and a separate one is filed in each county. In such case the filing of one of the copies a few days later than the filing of the other is not an attempt to select a second homestead while the first is in force.</p> <p>Id.—Effect of Duplicate Instbument.—An instrument executed in duplicate is in effect but one instrument.</p> <p>Id— Selection of Fabm Subdivided into Fields — Sale of Pastubage and Hat —Place of Business. —A tract of land used as a farm by its owners, and upon which is situated their dwelling-house may be selected as a homestead, although the tract is subdivided into separate fields; and the facts that the owners of the land pastured thereon cattle belonging to others, when there was more pasturage than was necessary for their animals, and that they sold some of the hay grown thereon when they had more than their animals could consume in the winter, do not make the farm such a place of business as to prevent its selection as a homestead.</p> <p>Id. — Definition of “Homestead”—What It Mat Include. — The word “homestead,” as used in the constitution and statute, is used in its ordinary or popular sense, and represents the dwelling-house at which the family resides, with the usual and customary appurtenances, including out-buildings of every kind necessary or convenient for family use and lands used for the purposes thereof. If situated in the country it may include a garden or farm; if in a city or town it may include one or more lots, or one or more blocks.</p> <p>Id. — Abandonment of Homestead—Deed Intended as Mortgage. — The execution of an instrument in the form of a deed, but which is given only as a mortgage, does not pass