Legal Opinion

Hunt v. Sharp

California Supreme Court

Decided March 23, 1889No. 12532PublishedCited by 4 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco setting apart a homestead out of the estate of a deceased person. The, facts are stated in the opinion.

1Opinion of the Court

Foote, C.

Appeal from an order setting aside a homestead to a widow under section 1465 of the Code of Civil Procedure.

The third specification made on the part of the appellant why the evidence was insufficient to justify the decision and order is, that “the evidence fails to show that said premises so set aside as a homestead are now or ever were or can be used as a dwelling-place.”

Conceding, without deciding, that the bill of exceptions contains any evidence upon the point involved, which it is permissible that the appellate court should consider on this appeal, nevertheless it is apparent…

2Cases cited2 opinions

  1. In re the Estate of NoahCalifornia Supreme Court · 1887
  2. In re Estate of BusseCalifornia Supreme Court · 1868

3Cited by4 opinions

  1. In re the Estate of LahiffCalifornia Supreme Court · 1890
  2. In Re Estate of GrayCalifornia Supreme Court · 1911
  3. In Re Estate of FaberCalifornia Supreme Court · 1914
  4. Estate of HenningsenCalifornia Supreme Court · 1926

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