Estate of Clavo

The appeal is from an order setting aside absolutely to Ann Clavo, widow of the deceased, certain property as and for a homestead.

Two declarations of homestead upon the same property appear in the transcript; one executed jointly by Clavo and a former wife in 1877 upon the property as his separate estate, and the other executed by Clavo alone in 1880 after the death of his said former wife and his marriage to Ann Clavo, respondent herein.

Four propositions are submitted by appellant' to which brief consideration will be given.

1. It is clear that we are not concerned about the construction of sections 1243 and 1244 of the Civil Code as the question of abandonment of the homestead is not involved.

2. It is urged that a party cannot have two homesteads, and if he attempts to acquire a.second while the first is in force the second is void. This is announced in Waggle v. Worthy, 74 Cal. 268 , [ 5 Am. St. Rep. 440 , 15 Pac. 831 ], and it is undoubtedly sound as applied to the facts of that case.

It was there correctly held that “the removal of a party from premises on which he has declared a homestead after a void execution sale thereof, and his surrender of the possession to the…