Seaton v. Son

Citations

• 32 Cal. 481
• 1867 Cal. LEXIS 93

Syllabus

<p>Homestead.—A homestead cannot be carved out of land held in joint tenancy or tenancy in common, even if the joint tenant or tenant in common, who claims the homestead, is in the exclusive possession.</p> <p>Ouster of Tenant in Common.—Taking actual possession of land under a deed which purports to convey the whole thereof, under a belief that it does convey the whole, when in fact it gives title to an undivided portion only, is not an ouster of the tenant in common who owns the other undivided part.</p> <p>Legal and Equitable Title.—If the plaintiff in his complaint avers that he holds the legal title to land and does not set up an equitable title, he cannot on the trial rely on an equitable title.</p>