Broadus v. Nelson

Citations

• 16 Cal. 79
• 1860 Cal. LEXIS 168

Syllabus

<p>Ejectment for land as a homestead. The husband alone had executed a deed to defendant. There was evidence tending to show that the premises were never occupied by plaintiffs with the intention of making them the homestead; and also evidence tending to prove an abandonment of their occupancy, and a residence on other property as that of the family. The Court below submitted a series of questions to the jury, for a special verdict, the first of which was: “ Did the plaintiffs ever dedicate and set apart the real estate described in the complaint, as a homestead, by living upon it with the intention so to dedicate it 1 ” and told the jury if they answered this question in the negative, the answer would constitute their entire verdict, but if they found in the affirmative, they should then proceed to answer the other questions : Held, that such direction was proper, as a negative answer to this question was conclusive against a recovery, and that such directions are convenient in practice, and no abuse of discretion.</p> <p>Bower Courts have an enlarged discretion in the conduct of the business before them, and with this discretion the appellate Court will not interfere, unless it affirmatively appear that injustice has been done.</p>