¶1Upon these facts, and on the authority of Reynolds vs. Pixley, April term, 1856,1 hold that no dedication was made of the property to the use of a homestead prior to the date of the mortgage, and that as the property was not then impressed with the attribute of homestead, the mortgage was valid and the complainant entitled to a decree.
1 Cal. Dist. Ct. 40
Cole v. Pearce
Decided March 15, 1857
California District Court · decided 1857-03-15
<p>Homestead.</p> <p>There must be overt acts of dedication to family nse to constitute a right of homestead in property.</p> <p>A mortgage lien acquired on property before such overt acts of dedication will survive a subsequent right of homestead.</p>
Decided 1857-03-15