Pryal v. Pryal

Citations

• 7 Cal. Unrep. 134
• 71 P. 802
• 1903 Cal. LEXIS 942

Syllabus

<p>Homestead — Deed from Husband to Wife—Death of Wife.— Code of Civil Procedure, section 1474, provides that if the homestead selected by the husband and wife be selected from community property, it vests absolutely in the survivor on the death of either spouse. A homestead selected from community property was deeded to the wife by a deed signed by the husband alone, and the wife alone deeded it to a third party. Held, that the deed from the husband did not destroy the homestead, nor the husband’s right of survivor-ship, and on the death of the wife the husband, and not the wife’s grantee, was entitled to the property.</p> <p>Community Property—Conveyance by Wife—Action by Husband’s Heirs.—Act of March, 1897, amending Civil Code, section 164, so as to make a conveyance to a married woman by instrument in writing presumptive evidence that title is thereby vested' in her, provides that in cases where married women have conveyed real property which they acquired prior to May 19, 1889, “the husbands or their heirs or assigns, of such married women,” shall be barred from maintaining any action to show that the real property was community property, unless begun within one year from the date of the taking effect of the act. Code of Civil Procedure, section 434, declares that if no objection be taken to the complaint, either by demurrer or answer, defendant must be deemed to have waived the same, except, etc. Held, that where the wife’s grantees failed to object that an action by the husband’s heirs to recover alleged community property conveyed by her to them was not brought within the time prescribed by the act of 1897, they could not raise that objection on appeal.</p>