Summary
In Graves v. Baker, 68 Cal. 134, a statement in the declaration of homestead that "the cash value of the homestead is about four thousand dollars" was held sufficient as a statement of value.
Summary of this case from Schuyler v. BroughtonOpinion
Department Two
Appeal from a judgment of the Superior Court of San Luis Obispo County.
COUNSEL:
Gregory & Shipsey, for Appellant.
W. J. & William Graves, McD. R. Venable, Ernest Graves, and Craig & Meredith, for Respondent.
JUDGES: Foote, C. Belcher, C. C., and Searls, C., concurred.
OPINION
FOOTE, Judge
The plaintiff sued in ejectment. The land involved in the controversy was the same as that upon which this court held a valid homestead had been declared by Miriam Graves, the wife of Crogan Graves, in case of Steiner v. Graves, No. 5276, unreported. The plaintiff offered this declaration of homestead in evidence to support his right of possession to the land in controversy; it was excluded by the court below, and is assigned as error here.
The ground of the exclusion was that the words "the cash value of said homestead is about four thousand dollars gold coin," in the declaration, did not state clearly and explicitly the value of the homestead.
But this court, as we have seen in the case of Steiner v. Graves, supra, held those words to be sufficient.
Therefore, the judgment should be reversed and the cause remanded.
The Court. -- For the reasons given in the foregoing opinion, the judgment is reversed and cause remanded.