In re Estate of Delaney
California Supreme Court
Appeal from, the Probate Court of the City and County of San Francisco. In 1854, Matthew Delaney went to reside with his family upon a tract of land in the limits of the City and County of San Francisco. The tract at that time was worth seven hundred and fifty dollars. Delaney inclosed the land with a substantial fence, and obtained his living by keeping horses, cows, etc., upon the land.
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Appeal from, the Probate Court of the City and County of San Francisco. In 1854, Matthew Delaney went to reside with his family upon a tract of land in the limits of the City and County of San Francisco. The tract at that time was worth seven hundred and fifty dollars. Delaney inclosed the land with a substantial fence, and obtained his living by keeping horses, cows, etc., upon the land. Afterwards, on the first day of December, 1860, Mary Delaney, his wife, made, acknowledged, and filed for record the following declaration of homestead: “ Know all men by these presents, that I, Mary…
1Opinion of the Court
By the Court, Rhodes, J.:
We had occasion, in Gregg v. Bostwick, 33 Cal. 220, to consider the principal qualities of a statutory homestead. In defining a homestead we said: “Both in the Constitution and in the statute the'word 'homestead’ is used in the ordinary or popular sense, or, in other words, its legal sense is its popular sense. It represents the dwelling house at which the family reside, with the usual and customary appurtenances, including outbuildings of every kind necessary or convenient for family use, and lands used for the purpose thereof. If situated in the country, it may…
2Cases cited1 opinion
- Gregg v. BostwickCalifornia Supreme Court · 1867
3Cited by17 opinions
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- Tyrrell v. BaldwinCalifornia Supreme Court · 1889
- Hannon v. Southern Pac. R. R. Co.California Court of Appeal · 1909
- Schuler-Knox Co. v. SmithCalifornia Court of Appeal · 1943
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