Seaton v. Son
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 20th day of September, 1864, John E. Brophy entered into the actual possession of a lot of land in San Francisco, at the corner of Second and Clementina streets, under a deed of conveyance from James H. Owens and wife, purporting to convey the whole lot. Brophy believed, when he entered, that the deed conveyed the title to the whole lot.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 20th day of September, 1864, John E. Brophy entered into the actual possession of a lot of land in San Francisco, at the corner of Second and Clementina streets, under a deed of conveyance from James H. Owens and wife, purporting to convey the whole lot. Brophy believed, when he entered, that the deed conveyed the title to the whole lot. Brophy continued residing on the lot with his family, until after the 4th day of October, 1864, and on the day last named filed a declaration of homestead on…
1Opinion of the Court
By the Court, Rhodes, J.:
The uniform construction of the Homestead Act of this State has been, that a homestead cannot be carved out of land held in joint tenancy or tenancy in common. (Elias v. Verdugo, 27 Cal. 418 ; Wolf v. Fleischacker, 5 Cal. 244; Reynolds v. Pixley, 6 Cal. 167; Giblin v. Jordan, 6 Cal. 417; Kellersberger v. Copp, 6 Cal. 565.)
At the time Brophy filed his declaration of homestead, he held the legal title to the undivided seventeen eighteenths of the premises, and the title to the remaining eighteenth was in another person. The plaintiffs contend that the doctrine of the…
2Cases cited3 opinions
- Wolf v. FleischackerCalifornia Supreme Court · 1855
- Elias v. VerdugoCalifornia Supreme Court · 1865
- Hicox v. GrahamCalifornia Supreme Court · 1856
3Cited by10 opinions
- Bath v. ValdezCalifornia Supreme Court · 1886
- Kachigian v. KachigianCalifornia Supreme Court · 1942
- Schoonover v. BirnbaumCalifornia Supreme Court · 1906
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Rosenthal v. Merced BankCalifornia Supreme Court · 1895
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