Legal Opinion
Richards v. Shear
California Supreme Court
Decided July 21, 1886No. 11198PublishedCited by 6 opinions
Appeal from a judgment of the Superior Court of Sacramento County. The action was brought to enforce the lien of a material-man. Judgment was rendered in favor of the defendants. The further facts are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
It is sought in this case to charge the homestead of the defendants, who are husband and wife, with a lien for materials furnished by the plaintiffs to the husband to be used and which were used in the construction of a building thereon,—the materials having been furnished after the property had been impressed with the- homestead character.
*188Sections 1240 and 1241 of our Civil Code read:—
“Sec. 1240. The homestead is exempt from execution or forced sale, except as in this title provided.
“Sec. 1241. The homestead is subject to execution or forced sale in satisfaction of judgments obtained,—
“1.…
2Cases cited1 opinion
- Holden v. PinneyCalifornia Supreme Court · 1856
3Cited by6 opinions
- Lee v. MurphyCalifornia Supreme Court · 1897
- Merrigan v. EnglishMontana Supreme Court · 1889
- Walsh v. McMenomyCalifornia Supreme Court · 1887
- Bonner v. MinnierMontana Supreme Court · 1893
- Bonner v. MinnierMontana Supreme Court · 1893
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