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previous to the first day of January, one thousand nine hundred and three, copied into the proper book of record, kept in the office of any county recorder, imparts, after that date, notice of its contents to subsequent purchasers and incumbrancers, notwithstanding any defect, omission, or informality in the execution of the instrument, or in the certificate of acknowledgment thereof, or the absence of any such certificate; but nothing herein affects the rights of purchasers or incumbrancers previous to that date. Duly certified copies of the record of any such instrument may be read in evidence with like effect as copies of an instrument duly acknowledged and recorded; provided, when such copying in the proper book of record occurred within fifteen years prior to the trial of the action, it is first shown that the original instrument was genuine. En. Stats. 1873-4, 228. Am'd. 1897, 64; 1903, 108.

Cal.Rep.Cit. 55, 566.

Acts curing defective acknowledgments: See post, Ap. pendix, title Acknowledgments.

ARTICLE IV. EFFECT OF RECORDING OR OF THE WANT THEREOF. $ 1213. Conveyance filled with recorder is constructive notice. $ 1214. Conveyances to be recorded, or are void, etc. $ 1215. Conveyance defined. $ 1216. Powers of attorney, how revoked. $ 1217. Unrecorded instrument valid between the parties.

$ 1213. Conveyance filed with recorder is constructive notice. Every conveyance of real property, acknowledged or proved, and certified, and recorded, as prescribed by law, from the time it is filed with the recorder for record, is constructive notice of the contents thereof to subsequent purchasers and mortgagees; and a certified copy of any such recorded conveyance may be recorded in any other county, and when so recorded the record thereof shall have the same force and effect as though it was of the original conveyance. En. March 21, 1872. Am'd. 1897, 59. Cal.Rep.Cit. 46, 606; 46, 608; 46, 609; 55, 528; 63, 316;

74, 218; 90, 477 ; 96, 306; 96, 307; 98, 518; 104, 398; 104, 400; 109, 189; 128, 632; 131, 556; 131, 557;

134, 447. Recording dates from time of deposit: See ante, sec.

70,

25;

§ 1214. Conveyances to be recorded, or are void, etc. Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless such conveyance shall have been duly recorded prior to the record of notice of action. En. March 21, 1872. Am'd. 1895, 50. Cal.Rep.Cit. 46, 606; 46, 608; 46, 609; 63, 316; 65, 159;

74, 218; 74, 446; 75, 554; 77, 538; 82, 624; 82, 625; 85, 272; 96, 306; 96, 307 ; 97, 582; 98, 518; 100, 591; 109, 189; 113, 532; 119, 63; 124, 579; 126, 604 ; 126, 606;

130, 458; 131, 559 ; 131, 560; 134, 443. Intent to defraud purchasers avoids deed: See post, sec. 1227.

$1215. Conveyance defined. The term “conveyance," as used in sections 1213 and 1214, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any real property may be affected, except wills. En. March 21, 1872. Cal.Rep.Cit. 46, 607; 46, 608; 46, 609; 55, 528; 55, 566;

74, 218; 74, 349°; 96, 307; 98, 518; 98, 529; 120, 179; 126, 603; 126, 606. $ 1216. Powers of attorney, how revoked. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded, in the same office in which the instrument containing the power was recorded. En. March 21, 1872.

Cal.Rep.Cit. 55, 566.

$ 1217. Unrecorded instrument valid between the parties. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof. En. March 21, 1872. Cal.Rep.Cit. 82, 626; 85, 272; 96, 305; 96, 306; 100, 590;

104, 398; 108, 253; 108, 256; 118, 260; 119, 63; 119, 371; 124, 579; 130, 457.

CHAPTER V.

UNLAWFUL TRANSFERS. $ 1227. Certain instruments void against purchasers, etc. § 1228. Not void against purchaser having notice, unless fraud is

mutual. $ 1229. Power to revoke, when deemed executed. $ 1230. Same. $ 1231. Other provisions.

f 1227. Certain instruments void against purchasers, etc. Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or incumbrancers thereon, is void as against every purchaser or incum. brancer, for value, of the same property, or the rents or profits thereof. En. March 21, 1872.

Cal.Rep.Cit. 55, 566; 114, 535; 117, 146.

Transfers in fraud of creditors: See post, secs. 3439 et seq.

Fraudulent intent is question of fact: See post, sec. 3442.

8 1228. Not void against purchaser having notice, unless fraud is mutual. No instrument is to be avoided under the last section, in favor of a subsequent purchaser or incumbrancer having notice thereof at the time his purchase was made, or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended. En. March 21, 1872.

Cal.Rep.Cit. 55, 566.

$ 1229. Power to revoke, when deemed executed. Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of, or charge upon, the estate, by the person having the power of revocation, in favor of a purchaser or incumbrancer for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or incumbrancer. En. March 21,

Cal.Rep.Cit. 55, 566; 132, 558.

$1230. Same. Where a person having a power of revocation, within the provisions of the last section, is not entitled to execute it until after the time at which he makes such a grant or charge as is described in that section, the power is deemed to be executed as soon as he is entitled to execute it. En. March 21, 1872.

Cal.Rep.Cit. 132, 558.

$1231. Other provisions. Other provisions concerning unlawful transfers are contained in part II, division fourth, of this code, concerning the special relations of debtor and creditor. En. March 21, 1872.

See post, secs. 3439 et seq.

TITLE V.

HOMESTEADS.
Chapter I. General Provisions, 88 1237-1261.
II. Homestead of the Head of a Family, 8$ 1262-

1265.
III. Homestead of Other Persons, 88 1266-1269.

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CHAPTER I.

GENERAL PROVISIONS. 1237. Homestead, of what it consists.

1238. From what it may be carved. $ 1239.

From what not. 1240. Exempt from forced sale. 1241. Subject to, when. $ 1242.

How conveyed or incumbered. $ 1243.

How abandoned. 1244.

Same. 1245. Proceedings on execution against homestead. 1246.

Same. 1247.

Same. $ 1248. Same. $ 1249.

Same. $ 1250. Same. $ 1251. Same. $1252. Same. $1253. Same. $1254. Same. $1255.

Same. 1256.

Same.

After sale, money equal to homestead exemption protected. 1258. Compensation of ap 1259.

Costs.

Who may select homestead, value of. | 1261.

Head of family defined.

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$1257.

1260.

§ 1237. Homestead, of what it consists. The homestead consists of the dwelling-house in which the claimant re sides, and the land on which the same is situated, selected as in this title provided. En. March 21, 1872. Am'd. 18734, 228. Cal.Rep.Cit. 119, 166; 52, 630; 62, 134; 62, 289; 69, 198;

70, 239; 71, 302; 11, 303; 73, 592; 75. 424; 76, 643; 78, 312; 79, 610; 80, 73; 82, 228; 82, 233; 82, 237;

92, 519; 98, 478; 117, 353; 117, 355 ; 125, 325, 126, 528. Homesteads-Constitutional protection: See Const. Cal. 1879, art. XVII, sec. 1.

Selection of homestead: Post, sec. 1262.
Exemption of homestead: Secs. 1240, 1241, infra.

Setting apart homestead for decedent's family: Code Civ. Proc., secs. 1474 et seq.

Abandonment of homestead: Sec. 1243, infra.

$ 1238. From what it may be carved. If the claimant be married, the homestead may be selected from the com. munity property, or the separate property of the husband, or, with the consent of the wife, from her separate property. When the claimant is not married, but is the head of a family, within the meaning of section one thousand two hundred and sixty-one, the homestead may be selected from any of his or her property. En. March 21, 1872. Am'd. 1873-4, 229.

Cal.Rep.Cit. 70, 239; 70, 240; 76, 317; 117, 409; 121, 585;

$ 1239. From what not. The homestead cannot be se lected from the separate property of the wife without her consent, shown by her making, or joining in making, the declaration of homestead. En. March 21, 1872.

Am'd. 1873-4, 229.

Cal.Rep.Cit. 76, 529; 86, 154; 121, 585.

§ 1240. Exempt from forced sale. The homestead is ex. empt from execution or forced sale, except as in this title provided. En. March 21, 1872. Cal.Rep.Cit. 54, 83; 59, 618; 70, 188; 70, 189;

72, 483; 72, 484; 74, 361; 82, 233; 82, 237; 100, 327 ; 108, 220; 111, 486; 111, 487; 113, 31 ; 121, 587 ; 125, 83; 132, 321. $ 1241. Subject to, when. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

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