Lewis v. Kelton
California Supreme Court
Appeal by the plaintiffs from an order granting the defendants a new trial in the Superior Court of Alameda County. Crane, J. Action of ejectment.
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Appeal by the plaintiffs from an order granting the defendants a new trial in the Superior Court of Alameda County. Crane, J. Action of ejectment. It appeared that the title of the land in controversy was on the 27th of June, 1866, in the defendant Kelton, who on that day filed a declaration of homestead upon the land, which it was admitted had never been abandoned unless by a deed referred to in the transcript as the deed of the two defendants to S. F. Lewis (the plaintiffs’ ancestor). The Court found “ that on the 13th day of February, 1867, the defendants conveyed to S. F. Lewis, deceased,…
1Opinion of the Court
Ross, J.:
This cause was tried in the late Third District Court, County of Alameda, and resulted in a judgment for the plaintiffs. The defendants made a motion for a new trial, based on a statement of the case. The motion was heard before the Superior Court of that county, and resulted in the entry of an order granting a new trial, on the ground that the disputed premises constituted the homestead of the defendants, and that the statement did not show that the deed from them to S. S. Lewis (the plaintiffs’ predecessor) was ever acknowledged by the grantors as required by the statute. But the…
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