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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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appraisement and division or sale of property); 146 C. 739, 740
(referred to), 743 (§§ 1245-1261 provide plan for subjecting
excess in value of homestead to execution), 106 A. S. 79. 81 P.
128; 152 C. 246, 247, 92 P. 485, 486 (referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

Exclusive mode prescribed. — See Kerr's Cyc. C. C. § 1245 and
note par. 5.

669



§§ 1251, 1252 CIVIL CODE. [Div.II.Pt.lV.

§ 1251. SAME. [DETERMINIJfG VALUE AND DIVISI-
BILITY.] They must view the premises and appraise the
value thereof, and if the appraised value exceeds the home-
stead exemption they must determine wliether the land
claimed can be divided without material injury.

Hisstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

62 C. 125, 138, 45 A. R. 654 (referred to with other sections);
79 C. 608, 610, 12 A. S. 180, 21 P. 973 (construed and applied with
other sections); 82 C. 226, 230, 16 A. S. 108, 22 P. 1145, 1147
(referred to with other sections); 85 C. 71, 74, 24 P. 594, 595
(cited); 144 C. 659, 663, 79 P. 379 (creditor's process for reaching
excess in value); 146 C. 426, 429, 106 A. S. 47, 80 P. 620 (necessity
of proceedings for appraisement and division or sale of prop-
erty); 146 C. 739, 740 (referred to), 743 (§§1245-1261 provide
plan for subjecting excess in value of homestead to execution),
106 A. S. 79, 81 P. 128; 152 C. 246, 247, 92 P. 485, 486 (referred to).

As to inany miscellaneous matters as to homesteads, see note
§ 1237, ante.

Exclusive mode prescribed. — See Kerr's Cyc. C. C. § 1245 and
note par. 5.

§ 1252. SAME. [REPORT OF APPRAISERS, CONTENTS.]

Within fifteen days after their appointment they must make
to the judge a report in writing, which report must show
the appraised value and their determination upon the mat-
ter of a division of the land claimed.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 400, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 4 pars, annotation.

62 C. 125. 138, 45 A. R. 654 (referred to with other sections);
82 C. 226, 230, 16 A. S. 108, 22 P. 1145, 1147 (referred to with other
sections); 85 C. 71, 74, 24 P. 594, 595 (cited); 144 C. 659, 663, 79
P. 379 (creditor's process for reaching excess in value); 146 C.
426, 429, 106 A. S. 47, 80 P. 620 (necessity of proceedings for
appraisement and division or sale of property); 146 C. 739, 740
(referred to), 743 (§§ 1245-1261 provide plan for subjecting
excess in value of homestead to execution), 106 A. S. 79, 81 P.
128; 152 C. 246, 247, 92 P. 485, 486 (referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

Exclusive mode prescribed. — See Kerr's Cyc. C. C. § 1245 and
note par. 5.

670



Tit.V.ch.I.] SETTING OFF EXEMPTION. §§ 1253, "1254

§ 1253. SAME. [SETTIXG OFF HOMESTEAD EXEMP-
TION.] If, from the report, it appears to the judge that the
land claimed can be divided without material injury, he
must, by an order, direct the appraisers to set off to the
claimant so much of the land, including the residence, as
will amount in value to the homestead exemption, and the
execution may be enforced against the remainder of the
land.

Hifstory: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1. p. 400. held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for .5 pars, annotation.

52 C. 629, 630 (citing this section erroneously instead of
§1263); 62 C. 125, 138. 45 A. R. 654 (referred to with other sec-
tions); 75 C. 163, 165, 16 P. 760, 761 (cited), 79 C. 608, 610, 12
A. S. 180, 21 P. 973 (cited); 82 C. 226. 230. 16 A. S. 108, 22 P.
1145, 1147 (referred to with other sections) ; '85 C. 71, 74, 24 P.
594, 595 (cited); 144 C. 659, 663, 79 P. 379 (creditor's process for
reaching- excess in value); 146 C. 426, 429, 106 A. S. 47, 80 P. 620
(necessity of proceedings for appraisement and division or sale
of property); 146 C. 739, 740 (referred to), 743 (§§1245-1261 pro-
vide plan for subjecting excess in value of homestead to execu-
tion), 106 A. S. 79, 81 P. 128; 152 C. 246, 247, 92 P. 485, 486
(referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

As to title of homesteader, see Kerr's Cyc. C. C. § 1238 and
note.

Divisibility of property. — See Kerr's Cyc. C. C. § 1251 and note
pars. 2, 4.

Exclusive mode prescribed. — See Kerr's Cyc. C. C. § 1245 and
note par. 5.



§1254. SAME. [(MJDEK DIRECTING SALE, WHE>.] If.

from the report, it appears to the judge that the land claimed
exceeds in value the amount of the homestead exemi)tion,
and that it cannot be divided, he must make an order direct-
ing its sale under the execution.

History: Enacted March 21. 1872: amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1. p. 400, held
unconstitutional, see history, § 4 ante.

671



§§1255,1256 CIVIL CODE. [Div.II,Pt.IV.

See Kerr's Cyc. C. C. for 2 pars, annotation.

62 C. 125, 138, 45 A. R. 654 (referred to); 79 C. 460, 461, 21 P.
863 (referred to and discussed with other sections); 82 C. 226,
230, 22 P. 1145, 1147, 16 A. S. 108 (referred to with other sec-
tions); 85 C. 71, 74, 24 P. 594, 595 (cited); 144 C. 659, 663, 79 P.
379 (creditor's process for reaching excess in value) ; 146 C.
426, 429, 106 A. S. 47, 80 P. 620 (necessity of proceedings for
appraisement and division or sale of property) ; 146 C. 739, 740
(referred to), 743 (§§ 1245-1261 provide plan for subjecting
excess in value of homestead to execution), 1254 (cited — no
notice of hearing of report of appraisers required), 106 A. S. 79,
81 P. 128; 152 C. 246, 247, 92 P. 485, 486 (referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

Exclusive mode prescribed. — See Kerr's Cyc. C. C. § 1245 and
note par. 5.



§1255. SAME. [WHAT BID MAY BE EECEIVED.] At

such sale no bid must be received, unless it exceeds the
amount of the homestead exemption.

Hi-story: Enacted March 21, 1872.

62 C. 125, 138, 45 A. R. 654 (referred to); 82 C. 226, 230, 16
A. S. 108, 22 P. 1145, 1147 (referred to with other sections); 85
C. 71, 74, 24 P. 594, 595 (cited); 144 C. 659, 663, 79 P. 379
(creditor's process for reaching excess in value); 146 C. 426,
429, 106 A. S. 47, 80 P. 620 (necessity of proceedings for appraise-
ment and division or sale of property); 146 C. 739, 740 (referred
to), 743 (§§1245-1261 provide plan for subjecting excess in
value of homestead to execution), 106 A. S. 79, 81 P. 128; 152 C.
246, 247, 92 P. 485, 486 (referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

Exclusive mode prescribed. — See Kerr's Cyc. C. C. § 1245 and
note par. 5.



§ 1256. SAME. [APPLICATION OF PROCEEDS OF SALE.]

If the sale is made, tlie proceeds thereof, to the amount of
the homestead exemption, must be paid to the claimant,
and the balance applied to the satisfaction of the execution.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 400, held
unconstitutional, see historJ^ § 4 ante.

672



TitV,ch.I.J EXEMPTION OF MONEY. §§1257,1258

See Kerr's Cvc. C. C. for 2 pars, annotation.

62 C 125 138, 45 A. R. 654 (referred to); 82 C. 226. 230, 16 A.
S 108 22 P. 1145, 1147 (referred to with other sections); 85 C.
71 74' 24 P. 594 (referred to and discussed with §1260); 144 C.
659 663 79 P. 379 (creditor's process for reaching excess in
value)- 'l46 C. 426, 429, 106 A. S. 47, 80 P. 620 (necessity of
proceedings for appraisement and division or sale of Property) ,
146 C 739, 740 (referred to), 743 (§1245-1261 provide plan for
subjecting excess in value of homestead to execution), 106
A S 79 89 P 128; 152 C. 246, 247, 92 P. 485, 486 (referred to).

As to' many miscellaneous matters as to homesteads, see note

5 1237 ante

Exclusive mode prescribed.— See Kerr's Cyc. C. C. § 1245 and

note par. 5.

§ 1257. AFTER SALE, MONEY EQUAL TO HOMESTEAD
EXEMPTION PROTECTED. The money paid to the claimant
is entitled, for the period of six months thereafter, to the
same protection against legal process and the voluntary
disposition of the husband, which the law gives to the home-
stead.

History: Enacted March 21, 1872; amended March 30, 1874.
Code Amdts. 1873-4, p. 230.

62 C. 125 138, 45 A. R. 654 (referred to); 82 C. 226, 230, 16
A S 108 22 P. 1145, 1147 (referred to with other sections):
144 C 659 663, 79 P. 379 (creditor's process for reaching excess
in value);' 146 C. 426, 429, 106 A. S. 47, 80 P. 620 (necessity of
proceedings for appraisement and division or sale of property) .
146 C 739 740 (referred to), 743 (§1245-1261 provide plan for
subjecting excess in value of homestead to execution), 106 A.
S 79 81 P 128- 152 C. 246, 247, 92 P. 485, 486 (referred to).

' As' to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

§1258. COMPENSATION OF APPRAISERS. The court
must fix the compensation of the appraisers, not to exceed
five dollars per day each for the time actually engaged.

History: Enacted March 21, 1S72.

6' C r^^ 131 138, 45 A. R. 654 (referred to): 82 C. 226, 230,
16 A S 108 22 P. 1145, 1147 (referred to with other sections);
144 C; 659 663, 79 P. 379 (creditor's process for reaching excess
in va'lue);' 146 C. 426, 429, 106 A. S. 47. 80 P. 620 (necessity of



■Kerr's C. C— 22



673



§§ 1259, 1260 CIVIL CODE. [Div.II,Pt.IV.

proceedings for appraisement and division or sale of property);
146 C. 739, 740 (referred to), 743 (§§1245-1261 provide plan for
subjecting excess in value of homestead to execution), 106 A. S.
79, 81 P. 128; 152 C. 246, 247, 92 P. 485, 486 (referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.



§1259. COSTS. [HOW PAID AND COLLECTED.] The

execution creditor must pay the costs of these proceedings
in the first instance; but in the cases provided for in sec-
tions twelve hundred and fifty-three and twelve hundred and
fifty-four the amount so paid must be added as costs on
execution, and collected accordingly.

History: Enacted March 21, 1872.

62 C. 125, 138, 45 A. R. 654 (referred to); 82 C. 226, 230, 16 A.
S. 108, 22 P. 1145, 1147 (referred to with other sections); 144 C.
659, 663, 79 P. 379 (creditor's process for reaching excess in
value); 146 C. 426, 429, 106 A. S. 47, 80 P. 620 (necessity of pro-
ceedings for appraisement and division or sale of property) ;
146 C. 739, 743 (§§ 1245-1261 provide plan for subjecting excess
in value of homestead to execution), 106 A. S. 79, 81 P. 128;
152 C. 246, 247, 92 P. 485, 486 (referred to).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

§1260. WHO MAY SELECT HOMESTEAD, VALUE OF.

Homesteads may be selected and claimed:

1. Of not exceeding five thousand dollars in value by any
head of a family;

2. Of not exceeding one thousand dollars in value by any
other person.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

62 C. 125, 135, 136-138, 45 A. R. 654 (construed); 76 C. 639,
644, 18 P. 805, 807 (construed); 85 C. 71, 74, 24 P. 594 (cited);
86 C. 134, 141, 24 P. 853, 855 (referred to); 108 C. 214, 219, 41 P.
467 (referred to); 121 C. 582, 585, 54 P. 87 (referred to); 126 C.
527, 528, 77 A. S. 206, 58 P. 1063 (referred to); 146 C. 426, 429,
106 A. S. 47, 80 P. 620 (homestead may embrace what area-
value); 146 C. 739, 743 (§§1245-1261 provide plan for subjecting
excess in value of homestead to execution), 106 A. S. 79, 81 P. 128.

674



Tit.V.Ch.I.] HEAD OF FAMILY. § 1261

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

Several lots not exceeding statutory value. — See Kerr's Cyc.
C. C. §1238 and note par. 19.

§1261. HEAD OF A FAMILY DEFINED. The phrase
"head of a family," as used in this title, includes within its
meaning:

1. The husband, when the claimant is a married person.

2. Every person who has residing on the premises with
him or her, and under his or her care and maintenance,
either: (1) His or her minor child, or minor grandchild, or
the minor child of his or her deceased wife or husband;
(2) a minor brother or sister, or the minor child of a'
deceased brother or sister.

3. A father, mother, grandfather, or grandmother.

4. The father, mother, grandfather, or grandmother of a
deceased husband or wife.

5. ^n unmarried sister, or any other of the relatives
mentioned in this section, who have attained the age of
majority, and are unable to take care of or support them-
selves.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 230; March 9, 1893, Stats, and Amdts.
1893, pp. 123, 124. In force March 9, 1893.

See Kerr's Cyc. C. C. for 11 pars, annotation.

86 C. 134, 138, 141, 24 P. 853, 854. 855 (construed and applied);
108 C. 214, 219, 41 P. 467 (referred to); 118 C. 299, 301, 50 P. 649
(referred to); 121 C. 582, 585, 54 P. 87 (construed and applied);
146 C. 739, 743 (§§ 1245-1261 provide plan for subjecting excess
in value of homestead to execution), 106 A. S. 79, 81 P. 128; 148
C. 157, 158, 82 P. 768 (invalid declaration of homestead by
married woman living with her husband).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

Others than heads of families — Mode of selection by. — See
Kerr's Cyc. C. C. § 1266 and note.

Statement in declaration as to declarant being head of family.
— See Kerr's Cyc. C. C. § 1263 and note.

Wife has no right independent of husband. — See Kerr's Cyc.
C. C. § 1237 and note.

675



§§ 1262, 1263



CIVIL CODE.



[Div.II.Pt.IV.



CHAPTER II.

HOMESTEAD OF THE HEAD OP A FAMILY.

§ 1262. Mode of selection.

§ 1263. Declaration of homestead. [Must contain what.]

§ 1264. iDeclaration must be recorded.

§ 126.5. Tenure by which homestead held.

§ 1262. MODE OF SELECTION. In order to select a home-
stead, the husband or other head of a family, or in case the
husband has not made such selection, the wife, must execute
and acknowledge, in the same manner as a grant of real
property is acknowledged, a declaration of homestead, and
file the same for record.

HLstory: Enacted March 21, 1S72; amended March 30, 1874,
Code Amdts. 1873-4, p. 230.

See Kerr's Cyc. C. C. for 20 pars, annotation.

62 C. 125, 134 (referred to), 137 (construed), 138 (construed
and applied), 45 A. R. 654; 66 C. 457, 458, 6 P. 92 (referred to);
76 C. 527, 529, IS P. 650, 651 (applied); 76 C. 639, 644, 18 P. 805,
807 (cited dis. op.); 79 C. 203, 205, 21 P. 737, 738 (construed and
applied); 98 C. 143, 148, 32 P. 941, 942 (cited); 108 C. 214, 219,
41 P. 467 (applied and cited); 110 C. 198, 203, 42 P. 640 (cited);
121 C. 582, 585, 54 P. 87 (referred to); 126 C. 527, 528, 77 A. S.
206, 58 P. 1063 (referred to); 148 C. 157, 158, 159, 82 P. 768 (state-
ments necessary to valid declaration of homestead) ; 3 C. A.
525, 526, 86 P. 723 (construed — declaration of homestead is
properly admitted in evidence, when).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

As to recording, see Kerr's Cyc. C. C. § 1264 and note.

As to residence, necessity for, and what constitutes, see Kerr's
Cyc. C. C. § 1237 and note.

As to selection by wife, see Kerr's Cyc. C. C. §§ 1238, 1239 and
notes.

As to what declaration miist contain, see Kerr's Cyc. C. C.
§ 1263 and note.

As to who is "head of family,' see Kerr's Cyc C. C. §1261 and
note.

§1263. DECLvlRATION OF HOMESTEAD. [MUST CON-

TAIJV WHAT.] The declaration of homestead must contain:

1. A statement, showing that the person making it is the

676



Tit.V.ch.II.] DECLARATION OF. § 1264

head of a family, and, if the claimant is married, the name
of the spouse; or, when the declaration is made bj' the wife,
showing that her husband has not made such declaration,
and that she therefore makes the declaration for their joint
benefit;

2. A statement that the person making it is residing on
the premises, and claims them as a homestead;

3. A description of the premises;

4. An estimate of their actual cash value.

HLstory: Enacted March 21, 1872; amended March 30. 1874,
Code Amdts. 1873-4, p. 231; amended by Code Coniniission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 400, held unconsti-
tutional, see history, § 4 ante; amendment re-enacted March 21,'
1905, Stats, and Amdts. 1905, p. 400.

See Kerr's Cyc. C. C. for 34 pars, annotation.

52 C. 629, 630 (§1253 erroneously cited instead of §1263); 52
C. 630, 635 (cited); 54 C. 616, 617, 618 (cited), 620 (construed):
55 C. 136 (construed and applied); 56 C. 524, 527 (applied); 62
C. 125, 135 (cited), 136 (cited with § 1260), 137 (cited with § 1262),
138 (construed), 45 A. R. 654; 65 C. 343, 4 P. Ill (construed and
applied); 66 C. 457, 458, 6 P. 92, 93 (construed and applied);
69 C. 195, 198, 10 P. 406, 407 (cited); 71 C. 300, 303, 304, 12 P.
230, 231 (construed and applied); 76 C. 524, 525, 18 P. 436, 437
(cited); 76 C. 639, 644, 18 P. 805, 807 (referred to in dis. op.);
79 C. 203, 205, 21 P. 737, 738 (construed); 82 C. 226, 228, 16 A. S.
108, 22 P. 1145 (cited); 21 P. 961 (construed); 83 C. 319, 320, 23
P. 301, 302 (referred to); 92 C. 1, 4, 27 P. 1094 (referred to); 98
C. 143, 148, 32 P. 941, 942 (referred to); 108 C. 214, 219, 41 P.
467 (cited); 110 C. 198, 203, 42 P. 640 (cited with other sections);
121 C. 582, 585, 54 P. 87 (applied); 122 C. Ill, 113. 68 A. S. 27,
54 P. 535 (construed and applied); 126 C. 527. 528, 77 A. S. 206.
58 P. 1063 (construed and applied); 141 C. 497, 500 (cited), 70
P. 298, 75 P. 58, 59; 148 C. 157, 158, 159, 82 P. 768 (construed—
statements necessary to valid declaration of homestead); 149
C. 687, 689, 691, 87 P. 577 (referred to); 3 C. A. 525, 526. 86 P.
723, 724 (declaration of liomestead is properly admitted in
evidence, when).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

§ 12(J4. DECLARATION MIST BE RECORDED. The

declaration must be recorded in the office of the recorder of
the county in which the land is situated.

Hiistory: Enacted March 21, 1872.
677



§ 1265 CIVIL CODE. [Div.II,Pt.IV.

See Kerr's Cyc. C. C. for 11 pars, annotation.

98 C. 143, 148, 32 P. 941, 942 (referred to); 110 C. 198, 203, 42
P. 640 (referred to); 3 C. A. 525, 526, 86 P. 723, 724 (declaration
of homestead is properly admitted in evidence, wlien).

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

As to sufficiency of filing for record without actual record-
ation, see Kerr's Cyc. C. C. § 1265 and note.

§ 1265. TENURE BY ^VHICH HOMESTEAD HELD. From
and after the time the declaration is filed for record, the
premises therein described constitute a homestead. If the
selection was made by a married person from the community
property, or from the separate property of the spouse making
the selection or joining therein, the land so selected on the
death of either spouse, vests in the survivor, subject to no
other liability than such as exists or has been created under
the provisions of this title; in other cases, upon the death of
the person whose property was selected as a homestead, it
shall go to the heirs or devisees, subject to the power of the
superior court to assign the same for a limited period to the
family of the decedent; but in no case shall it be held liable
for the debts of the owner, except as provided in this title.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 231; April 6, 1880, Code Amdts. 1880
(C. C. pt.), p. 8; April 16, 1909, Stats, and Amdts". 1909, p. 972.

See Kerr's Cyc. C. C. for 30 pars, annotation.

50 C. 539, 543 (cited); 52 C. 294, 296-298 (construed); 54 C.
496, 501 (construed); 64 C. 397, 398 (construed), 1 P. 479, 480
(erroneously cited as §1365); 76 C. 527, 531, 18 P. 650, 652
(construed and applied); 76 C. 639, 644, 18 P. 805, 807 (construed
and applied); 78 C. 310, 312, 12 A. S. 58, 20 P. 715, 716, 3 L. 781
(cited with other sections); 78 C. 470, 474, 21 P. 116, 117 (con-
strued); 79 C. 203, 205, 21 P. 737, 738 (cited and construed); 80
C. 208, 209, 13 A. S. 116 (construed but erroneously cited as
§1265 C. C. P.), 22 P. 141, 142 (correct citation); 81 C. 217,
219, 15 A. S. 47, 22 P. 551 (cited and construed); 81 C. 240, 243,
22 P. 655, 657 (law of title by survivorship applies to what
homestead only); 82 C. 7, 10, 22 P. 938 (referred to); 83 C. 440,
442, 23 P. 376, 377 (applied); 85 C. 71, 74, 24 P. 594 (applied);
85 C. 619, 621, 24 P. 1071 (applied); 86 C. 134, 138, 139, 24 P.
853 (construed and applied); 86 C. 119, 120, 21 A. S. 26, 24 P.
852, 853, 854 (effect of husband's death, on homestead); 86 C.

678



Tit.V.ch.II.] TENURE HELD BY. § 1265

151, 153, 24 P. 850, 851 (referred to); 92 C. 370, 371, 28 P. 570,
571 (cited with C. C. P. §§1168, 1474); 92 C. 514, 519, 27 A.
S. 158, 28 P. 593, 594 (referred to); 98 C. 143, 148, 32 P. 941, 942
(referred to); 98 C. 472, 478, 33 P. 484, 485 (referred to); 100
C. 446, 451, 34 P. 1085 (applied); 102 C. 338, 341, 36 P. 655
(referred to with §146 and C. C. P. §1474); 108 C. 627, 654, 48
A. S. 97, 41 P. 772 (construed with C. C. P. §1474); 111 C. 482,
483, 44 P. 168 (applied); 111 C. 484, 487 (applied but erroneously
cited as §1265 C. C. P.), 44 P. 167 (correct citation); 113 C. 26,
30, 54 A. S. 321, 45 P. 15 (construed and applied); 118 C. 299,
300 (referred to), 301 (construed with §1261), 50 P. 649; 121 C.
267, 269, 53 P. 800 (construed with § 1468 in answering question,
what is effect of order of probate court setting- apart, for a
limited period, separate property of a decedent to the surviving
spouse, which has already been devised to another person and
upon which no antemortem homestead has been filed?).

121 C. 276, 53 P. 705 (applied without citation); 121 C.
647, 653, 54 P. 254 (construed with § 1465 C. C. P. — latter
section controls); 132 C. 609, 611, 64 P. 995 (cited in con-
nection with C. C. P. § 1474); 139 C. 71, 72, 72 P. 632 (referred to
with C. C. P. §§1465, 1469, 1474); 139 C. 149, 151, 72 P. 909 (dis-
tinct difference between this section and §§ 1468 and 1474 C. C. P.
pointed out and commented vipon); 144 C. 144, 147, 77 P. 885
(what provision of this section is not contained in § 1465 C.
C. P.); 6 C. A. 774, 778, 779, 93 P. 295 (construed with §1465 C.
C. P. — latter section controls); 7 C. A. 199, 201, 93 P. 1047, 1048
(the provisions of this section must be read into § 1474 C. C. P.).

As to debts for which homestead can be taken, see Kerr's
Cyc. C. C. § 1241 and note, and particularly pars. 13 et seq.

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

As to title of homestead, see Kerr's Cyc. C. C. § 1238 and note
pars. 24-29.

Descent and devise of homestead. — See Kerr's Cyc. C. C.
§§ 1386, 1402 and notes: and see Kerr's Cyc. C. C. P. §§ 1474, 1475
and notes.

Husband and wife may be joint tenants or tenants in com-
mon, etc. — See Kerr's Cyc. C. C. §161 and note.

Recordation — Time of filing. — See Kerr's Cyc. C. C. § 1'.'
note par. 10.

Setting apart homestead to survivor of minor children. — See
Kerr's Cyc. C. C. P. § 1465 and note.



679



§§ 1266-1268 CIVIL CODE. [Div.II.Pt.IV.

CHAPTER III.

HOMESTEAD OF OTHER PERSONS.

§ 1266. Mode of selection.

§ 1267. _ Declaration of homestead.

§ 1268. Declaration must be recorded.

§ 1269. Effect of filing for record the declaration of liomestead.

§ 1266. MODE OF SELECTION. Any person other than
the head of a family, in the selection of a homestead, must
execute and acknowledge, in the same manner as a grant of
real property is acknowledged, a "declaration of homestead."

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 400, held
unconstitutional, see history, § 4 ante.

86 C. 134, 141, 24 P. 853, 855 (good declaration for any person
other than head of family); 148 C. 157, 159, 82 P. 768 (§§1266-
1269 refer to what persons).

As to constitutionality of statute, see Kerr's Cyc. C. C. § 1266,
note.

As to many miscellaneous matters as to homesteads, see note
§ 1237, ante.

§ 1267. DECLARATION OF HOMESTEAD. The declara-
tion must contain everything required by the second, third,
and fourth subdivisions of section twelve hundred and sixty-
three.

History: Enacted March 21, 1872.

86 C. 134, 141, 24 P. 853, 855 (referred to in concurring opinion



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