Wentworth v. McDonald

Citations

• 78 Wash. 546
• 139 P. 503
• 1914 Wash. LEXIS 1057

Syllabus

<p>Homesteads — Relinquishment — Abandonment. Under Rem. & Bal. Code, § 535, providing that a homestead can be abandoned only by the filing of a declaration of abandonment or by a grant thereof, a homestead is not lost by removal therefrom; notwithstanding that §§ 528, 529, 552, and 559, defining homesteads and providing for their selection provide that the homestead claimant must “reside” on the land, and that the. homestead is exempt only while “occupied as such,” and' that the premises must be “actually maintained and used for a homestead” and “shall not be devoted to any other purpose;” since such provisions must be construed as having reference to the qualifications of the claimant and the manner of use at the time of its selection.</p> <p>Evidence — Judicial Notice. The courts may take judicial notice of the financial famine and enforced liquidation of 1893.</p>