Ham v. Santa Rosa Bank
California Supreme Court
Appeal by the defendant, the Santa Rosa Bank, from the judgment of the Superior Court of the County of Sonoma. Temple, J. Action to foreclose a mortgage, made by one of the defendants, C. F. Jouilliard. Defendants Jouilliard and wife filed a cross-complaint claiming a homestead in the premises, and alleged they had filed a declaration in which they estimated the homestead premises to be of the value of eight thousand dollars.
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Appeal by the defendant, the Santa Rosa Bank, from the judgment of the Superior Court of the County of Sonoma. Temple, J. Action to foreclose a mortgage, made by one of the defendants, C. F. Jouilliard. Defendants Jouilliard and wife filed a cross-complaint claiming a homestead in the premises, and alleged they had filed a declaration in which they estimated the homestead premises to be of the value of eight thousand dollars. Defendant bank, a creditor of defendant Joulliard, having a judgment lien which attached subsequent to the filing of said declaration of homestead, demurred to the…
1Opinion of the Court
The Court:
As head of a family, the defendant, Jouillard, filed a declaration of homestead in which he estimated the value of the homestead premises at eight thousand dollars; and the contention here is, that this estimate of value, being in excess of the value of the homestead premises exempted by law from forced sale, renders his declaration ineffectual to vest in the family a homestead right.
A homestead consists of the dwelling-house in which the claimant resides and the land on which the same is situated, selected as provided by law. (§ 1237, C. C.; Gregg v. Bostwick, 33 Cal. 220; Estate…
2Cases cited2 opinions
- Gregg v. BostwickCalifornia Supreme Court · 1867
- In re Estate of DelaneyCalifornia Supreme Court · 1869
3Cited by11 opinions
- Lubbock v. McMannCalifornia Supreme Court · 1889
- King v. GotzCalifornia Supreme Court · 1886
- Galligher v. SmileyNebraska Supreme Court · 1889
- Walton v. WaltonCalifornia Court of Appeal · 1943
- Demartin v. DemartinCalifornia Supreme Court · 1890
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