Legal Opinion

In re Allen

California Supreme Court

Decided January 25, 1888No. 12,237PublishedCited by 2 opinions

APPEAL from Superior Court, Butte County; Leon D. Freer, Judge. Albert Allen, an insolvent, made his application under the insolvent law for a homestead. The court ordered the property claimed set apart as a homestead, from which order the assignee appealed.

1Opinion of the Court

HAYNE, C.

Appeal from a judgment setting aside a homestead under the insolvent law. The homestead set apart consisted of lots 4 and 5, in block 39, of the town of Chico. These two lots adjoined each other. Upon lot 5 was the dwelling-house, and upon lot 4 were certain out-buildings and a blacksmith-shop. The two lots and buildings were together under the value of five thousand dollars. It is conceded that the order was proper as to lot 5, but it is argued that lot 4 was used exclusively for business purposes, and that, therefore, there could not be an actual residence upon it. It appears,…

2Cases cited4 opinions

  1. Gregg v. BostwickCalifornia Supreme Court · 1867
  2. Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
  3. Skinner v. HallCalifornia Supreme Court · 1886
  4. Englebrecht v. ShadeCalifornia Supreme Court · 1874

3Cited by2 opinions

  1. Vincenzini v. FiorentiniCalifornia Court of Appeal · 1934
  2. Davis v. LockwoodCalifornia Court of Appeal · 1930

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