Legal Opinion
Ellsworth v. Marshall
California Court of Appeal
Decided October 24, 1961No. Civ. 19775PublishedCited by 14 opinions
1Opinion of the CourtAgee, J.
Plaintiffs (husband and wife) appeal from a judgment holding that a homestead declared by them on certain real property was invalid because neither resided on the premises at the time of such declaration and that, even if this requirement was met, plaintiffs are estopped from asserting any rights thereunder as against defendants.
On January 28, 1952, plaintiffs executed a promissory note and a deed of trust on the real property in question as security for payment thereof. On December 18, 1957, foreclosure proceedings under the deed of trust were started by the filing of a notice of default. On…
2Cases cited8 opinions
- Kraut v. CornellCalifornia Court of Appeal · 1959
- Skinner v. HallCalifornia Supreme Court · 1886
- Bullis v. StanifordCalifornia Supreme Court · 1918
- Tromans v. MahlmanCalifornia Supreme Court · 1891
- Johnston v. DebockCalifornia Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kelley v. Locke (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Tammy Phillips v. Kevan GilmanCourt of Appeals for the Ninth Circuit · 2018
- Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- In Re DodgeUnited States Bankruptcy Court, E.D. California · 1992
9 more not listed; retrieve them via the Exa API.