Rix v. McHenry

Citations

• 7 Cal. 89

Syllabus

<p>Where the husband bought certain land, during the absence of his wife from the State, and mortgaged it, and subsequently his wife returned, and resided on it: Held, that it could not be claimed as a homestead against the mortgagee.</p> <p>An order of a District Court, setting aside the homestead, operates as a protection against other creditors.</p> <p>Where the estate of an insolvent is subject to liens, or mortgages created before the application in insolvency, proceedings therein do not affect such liens or mortgages, and the right of the assignees is confined to the surplus.</p> <p>The provisions of the fourteenth section of the Insolvent Act, providing that all suits brought against the insolvent debtor anterior to his surrender of property, shall be transferred to the Court in which said insolvent shall have presented his schedule, does not apply to suits brought for the enforcement of prior liens or mortgages.</p> <p>The phrase, “resident of this State,” used in the second section of the Homestead Act, means an actual and not a constructive presence.</p>