In re Estate of Ogburn
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. ■file main facts are stated in the opinion of the court.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. ■file main facts are stated in the opinion of the court. The description of the premises given in the declaration of homestead in addition to the statement that the husband and wife were residing thereon, with their family, was as follows: “Situated on Main street, of .the village of Woodland, and being the western part of lot No. (5) five of said village as laid out by F. S. Freeman’s division of said village, the same being thirty-seven feet front on Main street of…
1Opinion of the CourtMcFarland, J.
This is an appeal by heirs at law of the deceased from an order granting the petition of H. U. Ogburn, her surviving husband, that certain property be set apart to petitioner as a homestead, and from an order denying a new trial. Two points only áre made by appellants which need to be noticed.
1. It is contended that the declaration of homestead offered in evidence was void, because it describes no property. This contention cannot be maintained. The declaration stated that the family then resided upon the lot and premises sought to be erected into a homestead; and this statement, together with…
2Cases cited4 opinions
- Lubbock v. McMannCalifornia Supreme Court · 1889
- Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
- Heathman v. HolmesCalifornia Supreme Court · 1892
- Skinner v. HallCalifornia Supreme Court · 1886
3Cited by7 opinions
- Rosenblum v. LevyCalifornia Supreme Court · 1904
- Jones v. GunnCalifornia Supreme Court · 1906
- Hohn v. PaulyCalifornia Court of Appeal · 1909
- Donnelly v. TregaskisCalifornia Supreme Court · 1908
- Vincenzini v. FiorentiniCalifornia Court of Appeal · 1934
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