Cameto v. Dupuy
California Supreme Court
Appeal from the Probate Court of the City and County ■ of San Francisco. The petitioner presented a petition, as the widow of Martin Cameto, deceased, stating that in June, 1864, during the lifetime of her husband, she had filed a declaration claiming a homestead out of the real estate of her husband, and asking that the property described in the declaration be set apart to her as a homestead.
Read the full summary
Appeal from the Probate Court of the City and County ■ of San Francisco. The petitioner presented a petition, as the widow of Martin Cameto, deceased, stating that in June, 1864, during the lifetime of her husband, she had filed a declaration claiming a homestead out of the real estate of her husband, and asking that the property described in the declaration be set apart to her as a homestead. John Dupuy, executor of Cameto, and Charles Cameto, a minor heir of Cameto, contested the petition. At the trial, it appeared that in January, 1864, Martin Cameto and Dupuy jointly purchased the…
1Opinion of the Court
By the Court:
The declaration of homestead filed by the petitioner in 1864 was not valid, for the reason that the premises were then held in joint tenancy. (Elias v. Verdugo, 27 Cal. 418; Seaton v. Son, 32 Cal. 481, and cases cited.)
That defect was not cured by the homestead act of 1868 (Stats. 1867-8, p. 116), for that act provides only for the acquisition of such right, in lands held in joint tenancy, or tenancy in common, where the person filing the declaration is in the exclusive occupation of the tract sought to be dedicated as a homestead. The Court, therefore, did not err in refusing to…
2Cases cited2 opinions
- Elias v. VerdugoCalifornia Supreme Court · 1865
- Seaton v. SonCalifornia Supreme Court · 1867
3Cited by8 opinions
- Swan v. WaldenCalifornia Supreme Court · 1909
- Kachigian v. KachigianCalifornia Supreme Court · 1942
- On RehearingIdaho Supreme Court · 1908
- Schoonover v. BirnbaumCalifornia Supreme Court · 1906
- Rosenthal v. Merced BankCalifornia Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.