Englebrecht v. Shade
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. On the tenth day of March, 1866, Jacob Kippel and Mary Ann Kippel were occupying a piece of land in the city of Sacramento, in the block bounded by M and N and Ninth and Tenth streets. This piece of land fronted eighty feet on Ninth street, and extended back one hundred and twenty feet towards Tenth street.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. On the tenth day of March, 1866, Jacob Kippel and Mary Ann Kippel were occupying a piece of land in the city of Sacramento, in the block bounded by M and N and Ninth and Tenth streets. This piece of land fronted eighty feet on Ninth street, and extended back one hundred and twenty feet towards Tenth street. The size of a lot, as laid down on the official map of Sacramento, was eighty feet front by one hundred and sixty feet deep. The land occupied by the Kippels constituted the north half of lot eight, and the…
1Opinion of the Court
By the Court:
The Court below erred in entering judgment for the plaintiffs on the findings. On the facts found, the premises in controversy, were clearly the homestead of the defendants, and therefore exempt from execution. The declaration of homestead was in proper form, and duly filed for record. It included the premises in controversy, and the' whole was worth less than $5,000. All the land included in the homestead claim was in one compact body; and, though the dwelling house occupied by the defendant and his family, was upon an adjoining portion of the premises, not involved in this…
2Cited by5 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Speer v. SpeerCalifornia Court of Appeal · 1962
- Davis v. LockwoodCalifornia Court of Appeal · 1930
- In re AllenCalifornia Supreme Court · 1888
- In re TognettiDistrict Court, N.D. California · 1944