McDonald v. Badger

Citations

• 23 Cal. 393

Syllabus

<p>The declaration of homestead may include more than one lot of land in the homestead claim, if they are contiguous, and their value in the aggregate does not exceed $5,000.</p> <p>Where the homestead claim, as described in the declaration, includes several lots of land; and the lot on which the homestead residence is situated equals or exceeds $5,000 in value, the homestead claim is void as to all the lots included therein, over and above the one thus occupied as the homestead residence.</p> <p>Where the declaration of homestead claimed and described two lots of land, and the one on which the homestead residence was situated was worth $5,000 or more, and both lots were sold on an execution, issued on a judgment against the husband: held, that the purchaser at the execution sale acquired a valid title to the lot on which the homestead residence was not situated, and could maintain ejectment therefor.</p> <p>A deed to the wife, of real estate, which is upon its face a deed of purchase, and recites a consideration paid, is presumptive evidence that the property thereby conveyed belongs to the community, and is liable as such for the debts of the husband; but this presumption may be overcome by clear and conclusive proof that the property was purchased with separate funds of the wife.</p> <p>■ The execution defendant cannot defeat the recovery, in ejectment, of the purchaser at the execution sale, by setting up title in a third person.</p>