Estate of Crowey v. Crowey
California Supreme Court
Appeal from an order of the Superior Court 'of Napa County confirming a report of the appraisers admeasuring and setting apart a homestead out of the estate of a deceased person. On the 24th of March, 1883, William H. Crowey and Mattie Crowey, his wife, filed a declaration of homestead on a tract of land in Napa County, containing 185.73 acres, including the 125 acres set apart to Mattie Crowey under the order appealed from.
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Appeal from an order of the Superior Court 'of Napa County confirming a report of the appraisers admeasuring and setting apart a homestead out of the estate of a deceased person. On the 24th of March, 1883, William H. Crowey and Mattie Crowey, his wife, filed a declaration of homestead on a tract of land in Napa County, containing 185.73 acres, including the 125 acres set apart to Mattie Crowey under the order appealed from. The land described in the declaration belonged to one G. W. Crowey, the father of W. H. Crowey, until the death of the former in October, 1882. By his will, G. W. Crowey…
1Opinion of the CourtMcKinstry, J.
The appeal is from a judgment confirming the report of appraisers, setting apart a homestead, and was taken within sixty days. We can review the evidence. (Code Civ. Proc., sec. 939.)
W. H. and Mattie Crowey, when they filed their decía-; ration of homestead, did not reside in a dwelling-house “situated” on any other than the five-acre tract mentioned in the findings and evidence, within the meaning of section 1237 of the Civil Code. The adjoining 180-acre tract had been leased by the ancestor of W. H. Crowey for an unexpired term, and was in the exclusive possession of Meredith, the lessee,…
2Cases cited4 opinions
- Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
- Mann v. RogersCalifornia Supreme Court · 1868
- DORN v. HOWECalifornia Supreme Court · 1878
- Hubbell v. CampbellCalifornia Supreme Court · 1880
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- California Bank v. SchlesingerCalifornia Court of Appeal · 1958
- Phelps v. LoopCalifornia Court of Appeal · 1944
- Perkins v. CooperCalifornia Supreme Court · 1890
- California Bank v. SchlesingerAppellate Division of the Superior Court of California · 1958