Riley v. Pehl

Citations

• 23 Cal. 70

Syllabus

<p>Where a homestead right had been acquired prior to the passage of the amendment to the Homestead Law in 1860, a declaration of homestead could be made and recorded at any time prior to June 1st, 1862, and no right of homestead was lost by a failure to make the declaration before that time.</p> <p>Where property is conveyed to a wife and the deed shows upon its face a consideration paid, it becomes the common property of both husband and wife, and not the separate property of the wife.</p> <p>Query—Can the separate property of the wife become the homestead ?</p> <p>Where a homestead is sold by the Sheriff on an execution against the husband, or husband and wife, and a deed given to the purchaser therefor, it is a cloud upon the title, and a Court of Equity will remove it.</p>