Shoemake v. Chalfant
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Santa Barbara. The action was commenced to enjoin the sale of the property in suit, and a preliminary injunction was issued. Subsequently, on the application of the defendant, the injunction was dissolved, and the plaintiff appealed. The judgment on which the execution was issued, was recovered after the homestead declaration was filed.
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Appeal from the District Court of the First Judicial District, County of Santa Barbara. The action was commenced to enjoin the sale of the property in suit, and a preliminary injunction was issued. Subsequently, on the application of the defendant, the injunction was dissolved, and the plaintiff appealed. The judgment on which the execution was issued, was recovered after the homestead declaration was filed. The judgment was not one of the class embraced within the provisions of section 1,241 of the Civil Code. The other facts are'stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
Block No. 127, in the town of Santa Barbara, which includes the premises in controversy, became, in 1871, the the homestead of the plaintiff and his wife, and so continued up to the time they were divorced by a decree of the District Court, in July, 1873. The decree directed the homestead property to be equally divided between the husband and wife; and the Commissioners having made and reported a partition, the Court confirmed the same, and adjudged that the respective portions allotted to each be held by them 'respectively, free and clear of all claims by or on the…
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- Cooper v. MillerCalifornia Supreme Court · 1913
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