Moses La Point v. Blanchard

Citations

• 101 Cal. 549
• 36 P. 98
• 1894 Cal. LEXIS 1074

Syllabus

<p>Insolvency—Fraudulent Preference of Creditor—Transfer of Unclaimed Homestead—Recovery by Assignee.—Where all the facts are found to exist, which, under section 55 of the Insolvent Act, are required to render fraudulent and void a transfer of property from the insolvent to a creditor by way of preference, except that it is found that the property transferred consisted of lots with a dwelling-house thereon worth three thousand five hundred dollars, where the debtor was residing with his family, but which had not been claimed as a homestead by a declaration by either husband or wife at the time of the transfer, such premises are not exempt from execution, and the assignee of the insolvent is entitled to a decree canceling the conveyance and restoring the property as part of the estate of the insolvent debtor.</p> <p>Id.—Setting Apart Homestead For Insolvent. —While it is the duty of the court in a proper case, to set apart a homestead for the insolvent, if he desires it; it can only be set apart upon his request, and a creditor to whom land suitable for a homestead has been conveyed, cannot insist upon having such property set apart as a homestead for the insolvent’s benefit.</p>