Johnston v. Bush
California Supreme Court
Ejectment to recover the undivided one half of a small tract of land in the City of Los Angeles. The demanded premises became the common property of B. S. Eaton and his wife in 1854. They dedicated it as a homestead under the Act of 1851. The wife died in 1859, leaving, issue of the marriage, two children, Mary and Frederick, two of the plaintiffs. Mary afterwards became the wife of the plaintiff Hancock.
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Ejectment to recover the undivided one half of a small tract of land in the City of Los Angeles. The demanded premises became the common property of B. S. Eaton and his wife in 1854. They dedicated it as a homestead under the Act of 1851. The wife died in 1859, leaving, issue of the marriage, two children, Mary and Frederick, two of the plaintiffs. Mary afterwards became the wife of the plaintiff Hancock. The surviving husband and children continued to reside on the premises, and he, in 1860, married a second time, and, on the 27th of April, 1861, he filed a homestead declaration under the…
1Opinion of the Court
By the Court, Crockett, J.:
The land in controversy was the common property of Baton and his first wife, and was occupied by them as a homestead until her death in 1859. The dedication of the land as a homestead under the Homestead Act of April 21, 1851, did not constitute the husband and wife joint tenants with a right of survivorship, nor change the nature of their prior estate in the land; and had no other effect than to exempt it from alienation, so long as the homestead claim was impressed upon it, except by the joint deed of the two spouses. (Gee v. Moore, 14 Cal. 474; Bowman v. Norton,…
2Cases cited2 opinions
- Gee v. MooreCalifornia Supreme Court · 1859
- Broad v. BroadCalifornia Supreme Court · 1871
3Cited by8 opinions
- Stewart v. StewartCalifornia Supreme Court · 1926
- Paddock v. PaddockCalifornia Court of Appeal · 1971
- White v. RosenthalCalifornia Court of Appeal · 1934
- California Bank v. SchlesingerCalifornia Court of Appeal · 1958
- Campbell v. MoranNebraska Supreme Court · 1904
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