Brown v. Starr

Citations

• 79 Cal. 608
• 21 P. 973
• 1889 Cal. LEXIS 784

Syllabus

<p>Homestead — Appraisement of Value under Execution—Life Estate. — The homestead consists of the dwelling-house in which the claimant resides and the land on which the same is situated, irrespective of the tenure, tenancy, or title by which he holds it. Upon proceedings to appraise its value under execution, the appraisers must consider only the value of the premises, and whether the land claimed can be divided without material injury, if its value exceeds five thousand dollars. One who holds only a life estate in the premises cannot have the appraisement limited to the value of such life estate; and if it appears that the land can be easily divided without material injury, the life tenant cannot demand that it be sold as an entirety, and that five thousand dollars of the proceeds be paid to him.</p>