Tromans v. Mahlman

Citations

• 111 Cal. 646
• 44 P. 327
• 1896 Cal. LEXIS 633

Syllabus

<p>Homestead—Residence at Time of Declaration—Question of Fact.— Actual residence upon premises claimed as a homestead, at the time of filing the declaration of homestead, is essential in order to impress the premises with the attributes of a homestead; and such actual residence is a question of fact to be determined by the court from the evidence before it.</p> <p>Id.—Elements of Residence—Evidence of Intention—Conflict.—The physical fact of occupancy of the premises claimed as a homestead, and the intention with which they were occupied, are both elements to be considered in determining the question of actual residence; and the court is not bound to accept as conclusive the testimony of the declarant upon the question of intention to reside upon the premises, if other facts testified to are inconsistent with such intention; and in case of such inconsistency, there is a conflict of evidence on which the decision of the trial court is final.</p>