Stockton Building & Loan Ass'n v. Chalmers
Citations
- 65 Cal. 93
- 3 P. 101
- 1884 Cal. LEXIS 455
Syllabus
<p>Homestead—Probate Proceedings—Notice—Mortgage. — One Alhoff occupied a small tract of unsurveyed government land upon which he resided with his family until his death. Upon his death the land was set apart by the Probate Court as a homestead to the family, which consisted of his widow and two sons. Subsequently the widow married one Chalmers, who filed a pre-emption claim upon certain lands, including a portion of the homestead lot, and obtained a United States patent. He afterwards mortgaged the land to a person who had no knowledge of any claim of the children to the land. Held, (1) that the order setting apart the homestead operated only upon the interest which Alhoff had in the premises at the time of his death. (2) That the probate proceedings were not notice sufficient to put a bona fide purchaser from the holder of the legal title upon inquiry as to any equitable claim of the children to the land.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Because the complaint fails to ‘contain . . . [a] . . . plain statement of the claims showing that the pleader is entitled to relief,’ it fails ‘to state a claim upon which relief can be granted.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Myrick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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