Holden v. Pinney
California Supreme Court
Appeal from the Prohate Court of Tuolumne County. This was a proceeding of remonstrance, filed Oct. 20th, 1855, by the widow of Joshua Holden, deceased, against the granting of the petition of the administrator of the estate, to sell a certain lot known as one half of the Exchange Lot, being a part of No. 82, in the city of Sonora.
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Appeal from the Prohate Court of Tuolumne County. This was a proceeding of remonstrance, filed Oct. 20th, 1855, by the widow of Joshua Holden, deceased, against the granting of the petition of the administrator of the estate, to sell a certain lot known as one half of the Exchange Lot, being a part of No. 82, in the city of Sonora. In support of the remonstrance, it was proved that Joshua Holden and his wife had resided a long time on the lot, it being held in joint tenancy by Holden and one Green, till June 17th, 1852, when Green quitclaimed to Holden. On the day following, the premises were…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
In Cooke v. McChristian, and Taylor v. Hargous, we attempted to give such a construction to the homestead law of this State as would reconcile some of its imperfections, but with no hope that we would be successful in establishing any rule which could be applied to all its absurdities and contradictions.
It was the earnest desire of this Court that the Legislature would have passed some act relieving these cases from the embarrassment which surrounds them, and establish this class of titles upon a…
2Cited by7 opinions
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- Brooks v. HydeCalifornia Supreme Court · 1869
- California Bank v. SchlesingerCalifornia Court of Appeal · 1958
- Babcock v. GIBBSCalifornia Supreme Court · 1878
- Ball v. HoustonSupreme Court of Oklahoma · 1901
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