Ames v. Eldred

California Supreme Court

Ames v. Eldred

55 Cal. 136

CourtCalifornia Supreme Court

DecidedJuly 1, 1880

DocketNo. 6,552

StatusPublished

Cited by15 cases

This text of 55 Cal. 136 (Ames v. Eldred) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ames v. Eldred, 55 Cal. 136 (Cal. 1880).

Pincite

Opinion

Myrick, J.:

' 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.

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Myrick, J.:

' 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.

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Bluebook (online)

55 Cal. 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ames-v-eldred-cal-1880.

Opinion

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