 | 1912 - 1164 pages
...prescribed by the Code," and that, inasmuch as the Code provides that "the homestead of a married person cannot be conveyed or encumbered unless the Instrument...conveyed or encumbered Is executed and acknowledged by both husband and wife" (Civ. Code, § 1242), a paroi gift of real property upon which the homestead... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1888 - 916 pages
...Compiled Statutes of 1887, entitled "Homesteads," which provides lhat, " The homestead of a married person cannot be conveyed or encumbered unless the instrument...by which it is conveyed or encumbered is executed or acknowledged by both husband and wife;" while upon the part of defendant it is insisted that the... | |
 | California. Supreme Court - 1894 - 804 pages
...243.) 2. Like considerations apply to the agreement in its relation to the homestead of the parties. "The homestead of a married woman cannot be conveyed...conveyed or encumbered is executed and acknowledged by both husband and wife." (Civ. Code, sec. 1242.) The homestead can only be conveyed in the mode prescribed... | |
 | Washington (State) - 1895 - 686 pages
...acknowledged by the husband and wife, or by an unmarried claimant. SEC. 6. The homestead of a married person cannot be conveyed or encumbered unless the instrument...conveyed or encumbered is executed and acknowledged by both husband and wife. SEC. 7. A homestead can be abandoned only by a declaration of abandonment, or... | |
 | Montana. Department of Agriculture, Labor, and Industry - 1896 - 222 pages
...before the declaration of homestead was filed for record. - Sec. 1675. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or incumbered is executed and acknowledged by both husband and wife. Sec. 1676. A homestead can be abandoned... | |
 | Abraham Clark Freeman - 1898 - 1034 pages
...of chapter 36 of the Compiled Statutes of 1895, reads as follows: "The homestead of a married person cannot be conveyed or encumbered, unless the instrument...conveyed or encumbered is executed and acknowledged by both husband and wife"; and "the obvious purpose of this statute," salit the court, "to to render all... | |
 | Charles Marcellus Bufford - 1903 - 1128 pages
...Pac. 343. Rationale. — Civil Code, sections 1242-1244, provide: "The homestead of a married person cannot be conveyed or encumbered, unless the instrument...conveyed or encumbered is executed and acknowledged by both husband and wifc. A homustead can be abandoned only by a declaration of abandonment, or a grant... | |
 | Idaho. Supreme Court - 1906 - 892 pages
...with her in the execution of such grant or conveyance." "Sec. 3040. The homestead of a married person cannot be conveyed or encumbered unless the instrument...conveyed or encumbered is executed and acknowledged by both husband and wife. "Sec. 3041. A homestead can be abandoned only by a declaration of abandonment,... | |
 | 1903 - 1272 pages
...to its validity under section 3608, Rev. Codes, which provides that "a homestead of a married person cannot be conveyed or encumbered unless the instrument...conveyed or encumbered is executed and acknowledged by both husband and wife." This contention cannot be sustained. It is true, the 20-acre tract included... | |
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The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered is executed and acknowledged by both husband and wife. 
