Ray

Ray v. Valdez

Good Law
175 Cal. App. 2d 502·1959 Cal. App. LEXIS 1368·346 P.2d 464
Court of Appeal of CaliforniaNovember 23, 1959Civ. No. 24014California2,021 words

Opinion

Lead Opinion

Wood, J.

Plaintiff, a judgment creditor of defendants, sought a judgment that a declaration of homestead, made by defendants, is void. Judgment was in favor of defendants. Plaintiff appeals from the judgment and the order denying her motion for a new trial.

Defendants, husband and wife, were the owners of 6.39 acres of land, and shack housing thereon, located in Torrance. On October 13, 1950, they recorded a declaration of homestead which stated that the property they claimed as a home *504 stead was the 6.39 acres (described by metes and bounds), and that the character of the property to be homesteaded was ‘1 Ten rooms of shack housing and a frame shed, occupied by” defendants and their four minor children.

After recording the declaration, and prior to October 30, 1954, the defendants at various times sold portions of the 6.39 acres to third persons, but they did not sell the “lot” upon which the “Ten rooms of shack housing and a frame shed” were situated. The “lot,” so referred to, is described in the findings by metes and bounds. (From a consideration of the dimensions of the lot, as shown in that description, it is estimated by this court that the area of the lot is about one-fifth…

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