Turner v. Markham
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Los Angeles County. Curtis D. Wilbur, Judge. The facts are stated in the opinion of the court. Wright, Bell & Ward, Walter J. Trask, and Benjamin E. Page, for Appellant.
1Opinion of the CourtHenshaw, J.
Plaintiff, a judgment creditor of defendant, successfully undertook to subject the homestead of defendant to execution, under sections 1245 et seq. of the Civil Code. The homestead property was sold for about twenty thousand dollars. Defendant Markham has taken this appeal from the court’s order and judgment so subjecting the homestead to execution sale. Pending his appeal he accepted from the sheriff five thousand dollars, to which he was entitled as the amount of his homestead exemption. Respondent now moves to dismiss his appeal upon the ground that having accepted the fruits of the…
2Cases cited5 opinions
- County of San Bernardino v. County of RiversideCalifornia Supreme Court · 1902
- In re Estate of BabyCalifornia Supreme Court · 1890
- Storke v. StorkeCalifornia Supreme Court · 1901
- Shaver v. TunsteadCalifornia Supreme Court · 1900
- People ex rel. Dunn v. BurnsCalifornia Supreme Court · 1889
3Cited by25 opinions
- Miller v. National American Life InsuranceCalifornia Court of Appeal · 1976
- Mears v. MearsCalifornia Court of Appeal · 1960
- Stock v. MeekCalifornia Supreme Court · 1950
- Preluzsky v. Pacific Co-Operative Cafeteria Co.California Supreme Court · 1925
- Lee v. BrownCalifornia Supreme Court · 1976
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