Kirkaldie v. Larrabee

Citations

• 31 Cal. 455

Syllabus

<p>Federal Homestead Act.—There is nothing in the Act of Congress of May 20th, 1862, granting homesteads to settlers on public lands, which forbids a voluntary alienation of the land by the grantee who has acquired the same as a homestead.</p> <p>Mortgage of Public Lands.-—If one who is in possession of public lands mortgages the same iu fee, and afterwards acquires title to the same under the Federal Homestead Act, he is estopped from denying the lien of the mortgage, and cannot set up a title afterwards voluntarily acquired to defeat it. Section thirty-three of the Act concerning conveyances applies to mortgages as well as absolute conveyances.</p>