King v. Gotz

Citations

• 70 Cal. 236
• 11 P. 656
• 1886 Cal. LEXIS 773

Syllabus

<p>Homestead—Property Subject to Trust Deed—Declaration maybe Piled on. —A person residing with his family on community property, which he had previously conveyed by a deed of trust to secure an indebtedness, has such an interest in the property, notwithstanding the trust deed, as entitles him to make a valid claim of homestead thereon.</p> <p>Id. —Property not Occupied by Claimant — Claim oe as Homestead. — A declaration of homestead covering certain premises on which the claimant resided, and certain other premises which were not occupied by him, is valid so far as the land resided on is concerned.</p> <p>Id.—Declaration — Estimated Value of Premises.—A declaration of homestead is not invalid, although the value of the premises claimed as a homestead is estimated at seven thousand dollars.</p> <p>Id.—Debtor may Declare Homestead—Fraud on Creditors.—The head of a family having property subject to a homestead declaration, and who is indebted to third persons, may, notwithstanding his indebtedness,. exercise his right of homestead; and the fact of his having done so is not in itself sufficient evidence of fraud to invalidate the homestead claim at the instance of his creditors.</p>