Taylor v. Hargous
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action of ejectment brought by Mary Ann Taylor, widow of James Taylor, deceased, on the 14th of July, 1858, to recover a lot of ground in the City of San Francisco, near the corner of Pacific and Sansome streets, on the ground that at the time, and previous to its conveyance to the defendant Hargous, by her husband, on the 7th day of April, 1852, it was, and had been the homestead of the family, and…
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Appeal from the Superior Court of the City of San Francisco. This was an action of ejectment brought by Mary Ann Taylor, widow of James Taylor, deceased, on the 14th of July, 1858, to recover a lot of ground in the City of San Francisco, near the corner of Pacific and Sansome streets, on the ground that at the time, and previous to its conveyance to the defendant Hargous, by her husband, on the 7th day of April, 1852, it was, and had been the homestead of the family, and that she did not unite in the said conveyance, as required by law. The facts of the case distinctly appear in- the special…
1Opinion of the Court
Mr. J. Heydenfeldt
delivered the opinion of the Court.
Mr. Ch. J. Murray concurred.
In Cook v. McChristian (ante p. 23), we decided that the Homestead Law required no specific act to indicate thé selection of a homestead, and that the occupancy of .the family was presumptive evidence of the appropriation of the place as a homestead, and was consequently notice to all the world.
The main difference between this case and that of Cook v. McChristian consists in the fact, that here the husband and * wife remove from the premises, after .a [273] sale by the husband in which the wife did not join, and…
2Cases cited10 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Gee v. MooreCalifornia Supreme Court · 1859
- Revalk v. KraemerCalifornia Supreme Court · 1857
- Moss v. WarnerCalifornia Supreme Court · 1858
- Bowman v. NortonCalifornia Supreme Court · 1860
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Levins v. RovegnoCalifornia Supreme Court · 1886
- Moss v. WarnerCalifornia Supreme Court · 1858
- Johnston v. TurnerSupreme Court of Arkansas · 1874
- Tipton v. MartinCalifornia Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.