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47 Cal. 627

Englebrecht v. Shade

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

On the tenth day of March, 1866, Jacob Kippel and Mary Ann Kippel were occupying a piece of land in the city of Sacramento, in the block bounded by M and N and Ninth and Tenth streets. This piece of land fronted eighty feet on Ninth street, and extended back one hundred and twenty feet towards Tenth street. The size of a lot, as laid down on the official map of Sacramento, was eighty feet front by one hundred and sixty feet deep.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

How this case has been cited

Cited by 5 later decisions — most recently November 1962

4 state decisions

201874188018901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court:

¶1The Court below erred in entering judgment for the plaintiffs on the findings. On the facts found, the premises in controversy, were clearly the homestead of the defendants, and therefore exempt from execution. The declaration of homestead was in proper form, and duly filed for record. It included the premises in controversy, and the' whole was worth less than $5,000. All the land included in the homestead claim was in one compact body; and, though the dwelling house occupied by the defendant and his family, was upon an adjoining portion of the premises, not involved in this controversy, the Court finds that the land in dispute was used by the family tor the purpose of drying clothes, and as a means of access to the street. Under these circumstances, the dedication of the whole premises as a homestead was complete, and no portion of it was subject to execution.

¶2Judgment reversed and cause remanded, with an order to the Court below to enter judgment for the defendants on the findings.

¶3Remittitur forthwith.

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