Porter v. Chapman
California Supreme Court
Appeal from a judgment of the Superior Court of Solano County. The action was brought to set aside a sale, by the defendant Farnham as sheriff, of certain lands claimed by plaintiffs as a homestead, and to enjoin the execution of a deed. The sale was made under an execution issued upon a judgment against the plaintiff George S. Porter, and in favor of defendant Chapman, who became the purchaser at the execution sale.
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Appeal from a judgment of the Superior Court of Solano County. The action was brought to set aside a sale, by the defendant Farnham as sheriff, of certain lands claimed by plaintiffs as a homestead, and to enjoin the execution of a deed. The sale was made under an execution issued upon a judgment against the plaintiff George S. Porter, and in favor of defendant Chapman, who became the purchaser at the execution sale. It was claimed by appellants that plaintiffs had abandoned the homestead by the removal of the husband from the premises, and by a conveyance by them to one Beeves. The…
1Opinion of the Court
The Court.
The homestead regularly declared to be such was not abandoned by the removal of the husband Porter from the premises and residing with his family elsewhere in the State, or by his removal from the State to the Territory of Arizona with his family when employed to go there by Clark, and remaining in such employment since April, 1877, becoming a citizen of the Territory, voting in its elections, and offering himself as a candidate for office therein. It is found that when Porter and wife removed from their homestead, they did not intend to relinquish or abandon it, but intended to…
2Cited by14 opinions
- MacLeod v. MoranCalifornia Supreme Court · 1908
- Burkett v. BurkettCalifornia Supreme Court · 1889
- Simonson v. BurrCalifornia Supreme Court · 1898
- Tipton v. MartinCalifornia Supreme Court · 1886
- Arp v. JacobsWyoming Supreme Court · 1891
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