Legal Opinion

Lean v. Givens

California Supreme Court

Decided May 17, 1905No. S.F. No. 3118PublishedCited by 19 opinions

APPEAL from an order of ‘ the Superior Court of Santa Clara County directing a sale of lands claimed as a homestead after levy upon execution. A. L. Rhodes, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

This is an appeal by the defendant from an order of the superior court in a proceeding under the provisions of sections 1245 to 1258, inclusive, of the Civil Code, directing the sale on execution of certain lands held by the judgment defendant as a homestead.

The judgment defendant, Juliet H. Stark, was not the head of a family, and consequently the amount of the homestead exemption was only one thousand dollars. The judgment was entered and docketed on October 23, 1899, and the homestead was selected prior to that date. The appraisement made in the proceeding showed the property comprising…

2Cases cited9 opinions

  1. Blood v. LightCalifornia Supreme Court · 1869
  2. Summerville v. Stockton Milling Co.California Supreme Court · 1904
  3. Lubbock v. McMannCalifornia Supreme Court · 1889
  4. Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
  5. Sanders v. RussellCalifornia Supreme Court · 1890

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3Cited by19 opinions

  1. Rauer's Collection Co. v. HigginsCalifornia Court of Appeal · 1948
  2. Finerty v. First Nat. Bank of DuncanSupreme Court of Oklahoma · 1923
  3. Union Oil Co. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922
  4. Marelli v. KeatingCalifornia Supreme Court · 1929
  5. Engelman v. GordonCalifornia Court of Appeal · 1978

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