Payne v. Cummings
California Supreme Court
CROSS-APPEALS from a judgment of the Superior Court of Modoc County. J. E. Prewett, Judge presiding. The facts are stated in the opinion.
1Opinion of the Court
GRAY, C.
This is an action for an injunction to restrain an execution sale of plaintiff’s homestead. The homestead was declared upon and covered 523.94 acres of contiguous land situated in Modoc County, of the value of three thousand dollars. Of this land one hundred and sixty acres constituted what was known as the “Payne Pre-emption,” and the rest was known as the “Desert Claim.” The declaration of homestead also included certain water-rights, reservoirs, and ditches in which plaintiff had a joint interest and which interest was appurtenant to the lands in question.
The findings and judgment…
2Cases cited5 opinions
- Fitzell v. LeakyCalifornia Supreme Court · 1887
- Dickey v. GibsonCalifornia Supreme Court · 1896
- Freiermuth v. SteiglemanCalifornia Supreme Court · 1900
- Ornbaum v. His CreditorsCalifornia Supreme Court · 1882
- Carroll v. EllisCalifornia Supreme Court · 1883
3Cited by11 opinions
- Hyman v. Plotkin (In Re Hyman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
- Kinsell v. ThomasCalifornia Court of Appeal · 1912
- Bell v. WilsonCalifornia Supreme Court · 1916
- Moehring v. ThomasCalifornia Court of Appeal · 2005
- Estate of ClavoCalifornia Court of Appeal · 1907
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