Majority
p. 136[No. 6,552. Department No. 2.] AMES v. ELDRED et al. The declaration of homestead contains no estimate of the actual cash value of the land, as required by § 1263 Civil Code. Cited Civil Code, §§ 1263, 1245, 1255; Estate of Delaney; 87 Cal. 182 ; Myers v. Ford, 22 Wis. 139 .
Headnote
Declaration of Homestead—Construction of Statute. — Under § 1263 Civil Code, a declaration must contain an estimate of the actual cash value. So held, with reference to a declaration of homestead that stated that the ' actual cash value was 15,000 and over.Appeal from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J.
. The facts are stated in the opinion.
Thom & Ross, and C. N. Wilson, for Appellants.
James H. Blanchard, and Will. D. Gould, for Respondent:
' The only question in this case is, as to the sufficiency of the declaration of homestead. Referring to the valuation of the premises, the declaration states “ that the actual cash value is $5,000 and over.” Section 1263 Civil Code provides that the declaration must contain an estimate of the actual cash value.
To say that a piece of property is of the value of $5,000 and over, is not to give an estimate of the actual cash value: it is not to say whether the property is worth $5,000 or $50,000. (Ashley v. Olmstead, 54 Cal. 616 .)
. Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.
Thornton, J., and Sharpstein, J., concurred.
Cases cited
- Ashley v. Olmstead 54 Cal. 616 p. 136