Gary v. Eastabrook

Citations

• 6 Cal. 457

Syllabus

<p>A sale by a sheriff, under execution, of a house claimed as a homestead by the defendant in execution, and ascertained by appraisement to be worth over §5,000, should not be made until an exact appraisement of the value of the premises is obtained, so that the sheriff can convey a definite fractional undivided interest therein.</p> <p>It follows that a deed of the premises claimed as a homestead, given by the sheriff to the purchaser at the execution sale, for the excess of value of the premises over §5,000, conveys an undefined and uncertain interest, upon which the purchaser cannot maintain an action for possession and mesne profits.</p> <p>The question as to whether buildings used for hotels, stores, etc., are susceptible of dedication for homestead purposes, is reserved.</p>