Gregg v. Bostwick
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Rapa County. This was a suit in equity against defendant Bostwick, a judgment creditor, and defendant Ellis, as Sheriff, to enjoin the execution sale of Block Eighteen, in Rapa City, upon a judgment recovered by Bostwick against plaintiff, Riley Gregg. The plaintiffs claimed said property as their homestead, and therefore exempt from execution.
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Appeal from the District Court, Seventh Judicial District, Rapa County. This was a suit in equity against defendant Bostwick, a judgment creditor, and defendant Ellis, as Sheriff, to enjoin the execution sale of Block Eighteen, in Rapa City, upon a judgment recovered by Bostwick against plaintiff, Riley Gregg. The plaintiffs claimed said property as their homestead, and therefore exempt from execution. The defendants denied all the material allegations of the complaint, except that they threatened and intended to sell said property upon said execution, and pleaded that it was by law subject…
1Opinion of the Court
By the Court, Sanderson, J.:
The Act in relation to homesteads provides that: “ The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding in value the sum of five thousand dollars, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale on execution, or any final process from any Court, for any debt or liability contracted or incurred after the passage of the Act to which this is amendatory. Said selection shall be made by either the husband or wife, or both of…
2Cited by58 opinions
- Ashton v. IngleSupreme Court of Kansas · 1878
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Drucker v. RosensteinSupreme Court of Florida · 1882
- Calmer v. CalmerNorth Dakota Supreme Court · 1906
- Ferguson v. KumlerSupreme Court of Minnesota · 1880
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