Gary v. Eastabrook
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an action of ejectment and for mesne proflts, brought by the plaintiff as purchaser, at execution sale, of that lot of land and premises in the City of San Francisco, known as “Wilson’s Exchange,” and used as a hotel.
Read the full summary
Appeal from the Superior Court of the City of San Francisco. This was an action of ejectment and for mesne proflts, brought by the plaintiff as purchaser, at execution sale, of that lot of land and premises in the City of San Francisco, known as “Wilson’s Exchange,” and used as a hotel. The evidence shows that the plaintiff bought, at a sale of the property on execution against the then owner, Ezekiel Wilson, and others; that prior to the sale, Wilson claimed his homestead right in the property, whereupon an appraisement was had, by which it was ascertained that the property was worth over…
1Opinion of the Court
By the Court.—Mr. Justice Heydenfeldt:
The plaintiff cannot recover upon his sheriff’s deed, because the interest conveyed to him is undefined and uncertain.
Under the Homestead Act, it is the duty of the appraisers to ascertain and report the value of the land. Then as five thousand dollars taken from the sum of the valuation is to the remainder of the valuation, so will be the proportion of undivided interest in the property which is subject to be sold under execution.
To illustrate this so as to prevent any misapprehension: suppose a piece of property to be sold except the homestead interest;…
2Cited by5 opinions
- California Bank v. SchlesingerCalifornia Court of Appeal · 1958
- Barrett v. SimsCalifornia Supreme Court · 1881
- California Bank v. SchlesingerAppellate Division of the Superior Court of California · 1958
- Fogg v. FoggSupreme Court of New Hampshire · 1860
- McDonald v. BadgerCalifornia Supreme Court · 1863