Prescott v. Prescott
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff and defendant intermarried on the 24th day of November, 1867, and at that time the defendant owned a house and lot (the premises in controversy) situated at San ’ José, of the value of two thousand dollars.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff and defendant intermarried on the 24th day of November, 1867, and at that time the defendant owned a house and lot (the premises in controversy) situated at San ’ José, of the value of two thousand dollars. The plaintiff and defendant resided on the lot from January to April, 1868, when the plaintiff, the wife, at the husband’s request, went to San Francisco to reside, and the defendant remained in San José, and the premises were rented. The defendant Prescott, in May, 1870, without…
1Opinion of the Court
By the Court:
The premises in San J osé were at one time the actual residence of the parties, but they subsequently removed therefrom—the wife going to reside at San Francisco with her brother, where she continued for several years, and the • premises being in the meantime leased to others and subsequently conveyed by the husband in fee; it was only after this that the wife filed a declaration, in which she asserted a right of homestead in the premises. We .held in Gregg v. Bostwick, 33 Cal. 220, that in order to impress the character of a homestead upon"premises they must be such in fact by…
2Cases cited1 opinion
- Gregg v. BostwickCalifornia Supreme Court · 1867
3Cited by6 opinions
- Lubbock v. McMannCalifornia Supreme Court · 1889
- Bullis v. StanifordCalifornia Supreme Court · 1918
- Tromans v. MahlmanCalifornia Supreme Court · 1891
- Babcock v. GIBBSCalifornia Supreme Court · 1878
- Pfister v. DasceyCalifornia Supreme Court · 1886
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