Babcock v. GIBBS
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. Ejectment to recover a lot in the City of Oakland. On the 10th of February, 1876, the defendant purchased the lot. It was inclosed with a fence; but no buildings were on it. On the evening of the 20th of February, the defendants went to the lot and spread a blanket for a roof and slept under it.
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Appeal from the District Court, Third Judicial District, County of Alameda. Ejectment to recover a lot in the City of Oakland. On the 10th of February, 1876, the defendant purchased the lot. It was inclosed with a fence; but no buildings were on it. On the evening of the 20th of February, the defendants went to the lot and spread a blanket for a roof and slept under it. The next day they filed a declaration of homestead, and commenced .the erection of a house, which was completed on the 28th of March. On the latter day they moved into the house. On the 26th of April, 1876, the plaintiffs sued…
1Opinion of the Court
Argued that the lot was not a homestead, and that the declaration was void, because the parties were not residing on the premises when it was filed, and cited Gregg v. Bostwick, 33 Cal. 227, 228, cited and approved in Mann v. Rogers, 35 Cal. 316; Prescott v. Prescott, 45 Cal. 58; Gambetta v. Brock, 41 Cal. 83.
J. F. Havens, for Eespondents.
The defendants having made, filed, and had recorded their declaration of homestead in due form, and perfected their home*630stead claim by actual possession and residence with their family on the premises before the plaintiffs served their attachment, the…
2Cases cited8 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- Moss v. WarnerCalifornia Supreme Court · 1858
- Mann v. RogersCalifornia Supreme Court · 1868
- Taylor v. HargousCalifornia Supreme Court · 1854
- Gambette v. BrockCalifornia Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lubbock v. McMannCalifornia Supreme Court · 1889
- Bullis v. StanifordCalifornia Supreme Court · 1918
- Tromans v. MahlmanCalifornia Supreme Court · 1891
- Aucker v. McCoyCalifornia Supreme Court · 1880
- Pfister v. DasceyCalifornia Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.