Gloster

Kennedy v. Gloster

Good Law
1892 Cal. LEXIS 1007·98 Cal. 143·32 P. 941
Supreme Court of CaliforniaApril 17, 189218020California1,506 words

Opinion

Lead Opinion

Belcher, J.

1874, and for several years prior thereto, the defendant, D. M. Gloster, was the owner of a tract of land, situated partly in Plumas County and partly in Sierra County, in this state, the part in Sierra County being described as the northwest quarter of a certain section 5. He was a married man, and the land was all community property. There was a dwelling-house on the quarter-section in Sierra County, in which he with his wife and children then lived, and has ever since lived. The whole tract was enclosed by a fence, but was subdivided into separate fields, a portion of the land being used for pasturing stock, and a portion for raising hay; and around his house was also a fence which enclosed about two acres.

On September 1,1874, Mrs. Gloster, the defendant Catherine, for the joint benefit of herself and husband, executed in duplicate a declaration of homestead upon the whole tract. Each copy of the declaration was separately acknowledged by her in proper form, and one of them was filed for record in Sierra County on the 5th, and the other in Plumas County on the 9th of the same month.

On December 21, 1875, Mr. and Mrs. Gloster executed to Michael Coffey and Margaret Gloster a…

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