McDonald v. Badger
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. At the Marshal’s sale referred to in the opinion, the land was sold in Ihree parcels; the lot, thirty feet front, on which the residence was, in one parcel; the strip, four feet nine inches wide, in a second parcel; and the lot, thirty-four feet front, in a third parcel.
1Opinion
On petition for rehearing, Crocker, J.
delivered the following opinion—Norton, J. concurring:
A rehearing is urged on the ground that one point presented by the appellant in bis brief was not passed upon in the former, opinion. It is contended that as the homestead declaration covers the whole property, including both lots, therefore, even though the value exceeds $5,000, the excess cannot be recovered in ejectment: that it was not liable to forced sale on execution. Several decisions of this Court are cited which sustain the principle that a judgment is no lien upon the homestead, and that the…
2Cases cited1 opinion
- Gary v. EastabrookCalifornia Supreme Court · 1856