Desmond v. Shotwell

A single question is presented for our determination. It is this: May a purchaser in possession of real property under an executory contract for the sale thereof claim a valid homestead therein?

Appellant contends, and his whole brief is devoted to the proposition, that one in possession must, in order to claim a homestead, be an owner of some interest in the real estate, and that, since we held in Ashford v. Reese, 132 Wash. 619, 233 Pac. 29, that a vendee under a conditional sale contract which reserved title in the vendor until all payments provided for therein were fully paid has no…