Williams v. Young
California Supreme Court
Appeal from the Ninth District. Ejectment for a lot of ground and house in the town of Shasta. Plaintiff deraigns title through the Sheriff of Shasta county, from a sale made by him on a judgment in favor of plaintiff against B. B. Young—now deceased—the husband of defendant. The defendant answered by a general denial; and also claimed the premises as a homestead.
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Appeal from the Ninth District. Ejectment for a lot of ground and house in the town of Shasta. Plaintiff deraigns title through the Sheriff of Shasta county, from a sale made by him on a judgment in favor of plaintiff against B. B. Young—now deceased—the husband of defendant. The defendant answered by a general denial; and also claimed the premises as a homestead. Upon the trial of the case, the plaintiff offered in evidence the judgment roll in the case of L. Williams v. B. B. Young, showing a judgment against the late husband of defendant and in favor of plaintiff on a note dated July —…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
1. This was ejectment for a lot in Shasta; the defendant, as *406widow of one Young, claiming a right of homestead under the late law in respect to homesteads. She and her late husband were mulattoes; and the point was made below that the Homestead Act did not apply to such persons. But, even if the plaintiff, claiming through her husband, could raise this objection, we think there is nothing in it. Neither the Constitution nor the act of the Legislature makes a distinction in this respect, and the Courts have no authority to do so.
2. The plaintiff claims through a…
2Cited by2 opinions
- Bell v. JonesUtah Supreme Court · 1943
- Bell v. JonesUtah Supreme Court · 1943