Legal Opinion
Breeden v. Smith
California Court of Appeal
Decided September 2, 1953No. Civ. 4807PublishedCited by 3 opinions
1Opinion of the CourtBarnard, P. J.
This appeal involves the legal effect of a homestead and the subsequent levy of a writ of execution under unusual circumstances.
The defendant Robert Smith, aged 73, was building a house for himself. He employed Joseph Breeden, aged 63, to assist him. On February 15, 1951, Breeden fell from a plank and was injured. On April 9, 1951, Smith and his wife deeded the property on which the house was located to their son, Stanley Smith. The senior Smiths moved into the house about May 1, 1951, and have since resided there.
On August 22, 1951, Breeden and his wife brought this action. The first count…
2Cases cited4 opinions
- Yager v. YagerCalifornia Supreme Court · 1936
- Montgomery v. BullockCalifornia Supreme Court · 1938
- Duhart v. O'RourkeCalifornia Court of Appeal · 1950
- The Prudential Insurance Co. v. BeckCalifornia Court of Appeal · 1940
3Cited by3 opinions
- Putnam Sand & Gravel Co. v. AlbersCalifornia Court of Appeal · 1971
- Broadway Foreclosure Investments, LLC v. TarlessonCalifornia Court of Appeal · 2010
- Kevan Harry GilmanUnited States Bankruptcy Court, C.D. California · 2019