Rosenthal v. Merced Bank

Citations

• 110 Cal. 198
• 42 P. 640
• 1895 Cal. LEXIS 1040

Syllabus

<p>Homestead—Tenancy in Common—Subsequent Conveyance of Title. A homestead cannot be created upon land held in cotenancy, in favor of one of the cotenants, and where a homestead is declared upon land so held, it is invalid, and cannot become a homestead by a subsequent conveyance from the other cotenant.</p> <p>Id.—Invalid Declaration of Homestead—Conveyance by Husband.— Where a declaration of homestead is invalid by reason of a cotenancy existing at the time of the declaration, the title of the husband in the community property is not thereby affected, and can be conveyed by a deed from himself alone, without acknowledgment.</p> <p>Id.—Proof of Deed—Goby Annexed to Answer—Failure to File Affidavit—Admission of Execution and Genuineness.—Where a copy of a deed from the plaintiff to the defendants is annexed to the answer of the defendant in an action to quiet title, if no affidavit denying its genuineness and due execution is filed, the same are deemed admitted, and it is not necessary for the defendant to offer the deed in evidence.</p>