Gaylord v. Place

Citations

• 98 Cal. 472
• 33 P. 484
• 1893 Cal. LEXIS 946

Syllabus

<p>Hom ■•■stead—Mineral Land—Placer Mining Claim—Residence—Subordinate Use fob Agriculture.—Mineral laud oí the United States located and chiefly used by the owner as a, placer mining claim, but also used as a place of residence for himself and family, and to some extent for pasturing stock and raising vegetables, is subject to selection as a homestead.</p> <p>Id.—Homestead Right not Dependent on Title.—A homestead right does not depend upon the character of the title held, or which may he acquired by the party claiming it; but it is impressed on the land to the extent of the interest of the claimant in it, who has actual and rightful possession of the premises at the time of selection, and not on the title merely, which, as between the claimant and his creditors, is a falso quantity, to be excluded from consideration.</p> <p>Id.—Permanent Home not Essential to Homestead Claim—Working of Places Mine.—It is not necessary that a homestead should he and remain a permanent home; and the fact that the homestead claimants intend to and are working a placer mine upon the premises, in working of which the land is being washed away, does not affect their right to select the land as a homestead, so long as they choose to make it their home.</p> <p>Id.—Exemption from Execution—Miner’s Cabin and Claim—Selection oí# Homestead not Inconsistent. — Subdivision 5 of section 690 of the Code of Civil Procedure, exempting from execution “ the cabin or dwelling of a miner,” and “also his mining claim actually worked by him, not exceeding in value the sum of one thousand dollars,” is not inconsistent with sections 1237 and 1265 of the Civil Code, providing that the selection of a homestead consists of the dwelling-kouse in which the claimant resides and the land on which the same is situated, and does not preclude a miner from selecting the cabin or dwelling and claim as a homestead when of greater value than the statutory exemption.</p> <p>Id.—Homestead Law—Liberal Construction__A homes