De Etcheborne v. Auzerais
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. Ejectment to recover a lot of land in the City of San José, commenced December 20th, 1870. The Alcalde of the Pueblo de San José, on the 15th day of May, 1849, granted to Antonio Sunol a tract of land in said pueblo, which tract includes the demanded premises.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. Ejectment to recover a lot of land in the City of San José, commenced December 20th, 1870. The Alcalde of the Pueblo de San José, on the 15th day of May, 1849, granted to Antonio Sunol a tract of land in said pueblo, which tract includes the demanded premises. Sunol and his family resided on the tract until his death about 1865. In 1861 Sunol made a declaration of homestead on a lot on which his residence stood, and which was a part of the tract granted. In March, 1865, Sunol made a will, in which he devised…
1Opinion of the Court
By the Court:
1. Upon looking into the will of Sunol we are of opinion that the devise to the executors included the homestead and carried with it the authority to sell it, if its sale should become necessary.
2. The acceptance by Mrs. Sunol of the devise in her favor, if the fact be that she did accept it, would operate to estop her, or her grantee,.the plaintiff in this action, from asserting her title to the homestead as' against the executors, or Auzerais, the defendant here, who derives his title from the executors. This estoppel is, however, one of equitable cognizance, and it not having…
2Cited by7 opinions
- Newhall v. HatchCalifornia Supreme Court · 1901
- In re Estate of SmithCalifornia Supreme Court · 1895
- Parliman v. YoungSupreme Court Of The Territory Of Dakota · 1879
- Estate of LufkinCalifornia Supreme Court · 1901
- Carpenter v. MarkhamCalifornia Supreme Court · 1916
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