¶1We concur in the judgment, upon the ground that the delivery of the deed from Eby to Eambo, and of the deed from Eambo to Eby, and the filing the same for record, together with the declaration of homestead, were simultaneous acts, and constituted one transaction; that the moment the title to the premises in question vested in Eby, the homestead right attached; therefore, the premises were exempt from the levy *288of the execution and sale thereunder, and were not subject to the lien of the judgment. The witness Eby testified that the three papers were placed with the Recorder for record at the same time, and we presume that the Court below relied in its judgment upon that testimony, rather than on the conflicting testimony.
61 Cal. 282
Eby v. Foster
Decided August 23, 1882
California Supreme Court · decided 1882-08-23
Mayhew, J. On the trial the defendants offered to prove by the Clerk of the Court that the judgment in the case of Campbell v. Eby was docketed in the month of May or June, 1880, but the Court excluded the evidence,
Good law ✅— No negative treatment on recordhow we know
Decided 1882-08-23
How this case has been cited
Cited by 10 later decisions — most recently August 1947
8 state decisions
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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