Baker

Baker v. Baker

Good Law
1892 Cal. LEXIS 1062·3 Cal. Unrep. 597·31 P. 355
Supreme Court of CaliforniaNovember 10, 1892No. 14,286California3,001 words

Opinion

Lead Opinion

Belcher, J.

This action was commenced in the superior court of Humboldt county on the fifteenth day of *598 March, 1889, and it is alleged in the complaint that the plaintiff is, and at all times mentioned therein was, the wife of Erastus J. Baker; that on the twenty-second day of January, 1879, she and her husband were the owners in fee and possessed of a certain described tract of land situate in Humboldt county, and containing twenty acres, more or less, and that on the day named her husband filed and caused to be recorded a declaration of homestead on the said land, in which all the facts necessary for the selection of a homestead were fully and truly set out; that the homestead was never abandoned, and thereafter, on the twenty-ninth day of September, 1886, the husband executed to the defendants a deed of the said land, in which she refused to join; that under the said deed the defendants entered into possession of the land, and have ever since claimed, and now claim, the sole and entire ownership thereof, to the exclusion of and in hostility to the plaintiff; that such claim of ownership and possession is a cloud upon plaintiff’s title, and prevents her from having the full enjoyment of…

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