Maloney

Maloney v. Hefer

Good Law
1887 Cal. LEXIS 844·2 Cal. Unrep. 819·15 P. 763
Supreme Court of CaliforniaNovember 30, 1887No. 9,866California611 words

Opinion

Lead Opinion

Belcher, J.

The plaintiffs were husband and wife, and brought this action to quiet their title to a lot of land in the city of San Francisco. The lot fronts on Perry street, having a width of twenty-five feet and a depth of eighty feet, and is claimed by the plaintiffs as their homestead.

In January and February, 1883, there were two houses on the lot, one on the front and the other on the rear part of it, and the value of the whole property was between two thou *820 sand five hundred and three thousand dollars. The front house had a basement, and above it two flats or stories, which were leased to and occupied by tenants. The rear house was a small one and was reached by a narrow passageway along the side of the front house from Perry street. Between the street and the front house was a yard sixteen and one-half feet long and five feet wide, and between the two houses was a yard which was divided by a board fence from five to seven feet high. Mrs. Maloney owned the whole lot as her separate property, and had resided with her husband in the rear house for more than ten years. On the twenty-fifth day of January, 1883, while so residing on a part of the premises, she executed and acknowledged,…

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