Revalk v. Kraemer

Citations

• 8 Cal. 66
• 1857 Cal. LEXIS 293

Syllabus

<p>A party cannot bring a suit in one Court, to restrain the decree of another Court of coordinate jurisdiction.</p> <p>The separate property of the husband acquired before marriage, may become the homestead, as well as the common property of husband and wife.</p> <p>As to the separate property of the wife—qucere.</p> <p>Where the homestead was claimed by the husband, on an action in which he was alone defendant, to foreclose a mortgage made by him alone, since marriage, neither the rights of the husband or wife could be affected by the proceedings in that case, the wife not being a party. Legal proceedings, to be conclusive against either, must embrace both.</p> <p>A mortgage of a homestead, signed by the husband alone, is absolutely void where its value does not exceed five thousand dollars. When a husband ceases to be the head of a family, the right to a homestead also ceases.</p> <p>A mortgage, void because it was upon a homestead, will not become valid, by reason of the homestead right being lost by the death of the wife of the mortgagor without children ; the debt which the mortgage was intended to secure, is not impaired, but it is placed on the same level with the other debts of the mortgagor, and must be enforced in the same manner.</p> <p>Any individual, whether married or not, may bo the head of a family, and as such, entitled to a homestead right.</p> <p>But when this relation ceases, the right also ceases.</p>