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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. "
Reports of Cases Determined in the District Courts of Appeal of the State of ... - Page 510
by California. District Courts of Appeal - 1917
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International Library of Technology: A Series of ..., Volume 44, Part 2

1906 - 538 pages
...aforesaid, one-half of the said earnings are subject to execution. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered be executed and acknowledged by both husband and wife. Colorado. — Every householder in the state,...
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Principles of Law: Appendix

1906 - 534 pages
...aforesaid, one-half of the said earnings are subject to execution. The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered be executed and acknowledged by both husband and wife. Colorado.— Every householder in the state,...
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Lawyers' Reports Annotated, Book 41

1913 - 1312 pages
...his dwellhouse, within the meaning of the statute which declares: "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." Сотр. Stat. 1911, chap. 36, § 4. To show the real nature of the transactions...
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Reports of Cases in the Supreme Court of Nebraska, Volume 92

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1913 - 948 pages
...homestead of a married person cannot be conveyed or encumbered unless the instrument Meisner v. Hill. by which it is conveyed or encumbered is executed and acknowledged by both husband and wife." Laws 1879, p. 58. Section 3 of the act of 1877 reads : "A conveyance or encumbrance...
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Comment on Certain Cases in Conflict of Laws, Corporations and Equity

Frank Hobart Marvin - 1917 - 242 pages
...its refusal on section 1242 of the Civil Code, which 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. The court held that the tendency of the contract was to case a cloud upon the...
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The Civil Code of the State of California: In Four Divisions, Compiled from ...

California - 1923 - 588 pages
...the declaration of homestead was filed for record. 1887—81. 1242. 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. 1243. A homestead can be abandoned only by a declaration of abandonment, or...
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The Civil Code of the State of California ...: The State Civil Code, Adopted ...

California - 1927 - 690 pages
...acknowledged by husband and wife, or by an unmarried claimant. 1242. 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. 1243. A homestead can be abandoned only by a declaration of abandonment, or...
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California Appellate Decisions, Volume 23

California. District Courts of Appeal - 1916 - 1014 pages
...L. Ainsworth; and we have no doubt that its effect if valid and enforcible would be an incumbrance upon the homestead previously declared by her within...involved, and to that extent at least constituted an incumbrance upon the existing homestead. The policy and purpose of section 1242 of the Civil Code is...
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Bulletin

1949 - 786 pages
...select the homestead from any of his or her property (sec. 40-102). 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. 4-104). If the homestead was selected from the separate property of either...
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Bulletin

1949 - 666 pages
...shown by her making the declaration of homestead (sec. 55-1003). The homestead of a married person cannot be conveyed or encumbered unless the instrument by which it is conveyed or encumbered 1 Oylear v. Oylear (1922), 85 Idaho 732, 737 ; 208 Pac. 857. is executed and acknowledged by both husband...
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