Turnbeaugh

This is an appeal from an order of the District Court affirming the order of the referee holding invalid a claim of exemption for a homestead made in the proceeding in bankruptcy initiated by appellants. The District Court gave no opinion.

Appellant Orvey Turnbeaugh in August, 1940, purchased a lot of land in San Joaquin County, California, about a quarter of a mile from the town of Ripon, upon which lot he intended to make a home for his wife and family." It was about an acre and a half in area lying alongside an irrigation ditch. It is not questioned that when he bought the land he intended to build and did thereafter build thereon a six room house, a garage, and a well.

At the time of the purchase of the land the family, consisting of appellants and their two grown sons and younger daughters, were residing in a rented house some distance from the lot. The appellants’ intent to give up this rented place as their residence after the purchase of the lot was next shown in their consultation with the manager of the Stockton Guarantee Title Company regarding the homesteading of the property. He advised them they would have to construct a building on the premises and live in it as…