Quackenbush v. Reed

Citations

• 102 Cal. 493
• 37 P. 755
• 1894 Cal. LEXIS 673

Syllabus

<p>Homestead—Filing of Insufficient Declaration—Omission of Part of Acknowledgment in Record—Mortgage by Husband.—Where a declaration of homestead and the acknowledgment of it are in all respects perfect, the premises described in the declaration constitute a homestead from the time of the filing of the declaration for record, and the omission by the recorder of a part of the acknowledgment in copying the declaration into the proper book does not affect the validity of the homestead, as against a subsequent mortgage executed by the husband alone upon the homestead premises.</p> <p>Id.—Constructive Notice—Location of Homestead.—Constructive notice is a creature of statute; and the statute has not made the record of the declaration of a homestead notice to any one, but the question as to the existence of a homestead depends solely upon compliance with the law authorizing the homestead, which, although requiring the declaration to be recorded, declares, that, from and after the filing for record of a declaration, the husband and wife shall be deemed to hold the homestead as joint tenants.</p> <p>Id.—Construction of Homestead Law—Remedial Statute.—The homestead law is remedial, and is to be liberally construed in favor of the exemption.</p> <p>Id.—Description in Declaration—Reference to Map and Deed.— Where the premises are described in the declaration of homestead by reference to a map made by a civil engineer and surveyor, as part of a certain rancho, and as particularly described in a recorded deed, the record of which is referred to in the declaration, and which sufficiently describes the premises, the description of the land in the declaration of homestead is sufficient.</p> <p>Id.—Joint Intention of Husband and Wife Not Necessary.—The statute does not require a joint intention of the husband and wife to claim the premises as a homestead, hut allows either husband or wife to make and file the declaration; and this right cannot be taken from either by the refusal of