Maloney v. Hefer

Citations

• 2 Cal. Unrep. 819
• 15 P. 763
• 1887 Cal. LEXIS 844

Syllabus

<p>Homestead—Residence at Time of Filing Declaration.—A married woman owned two houses and a lot, and, while residing in one of the houses, prepared a declaration of homestead, and went into another county to visit for four months. Her husband, during her absence, occupied lodgings in a house not on the property. While she was away, the declaration of homestead was filed. Defendant obtained judgment against the plaintiffs, and levied on a portion of the lot, and sold it. Held, in an action by the husband and wife to quiet their title to the lot, that, as the claimants were not residing on the lot when the declaration was filed, it was not valid.1</p>