Ames v. Eldred

California Supreme Court
Ames v. Eldred, 55 Cal. 136 (Cal. 1880)
Myrick

Ames v. Eldred

Opinion of the Court

Myrick, J.:

' The only question in this case is, as to the sufficiency of the declaration of homestead. Referring to the valuation of the premises, the declaration states “ that the actual cash value is $5,000 and over.” Section 1263 Civil Code provides that the declaration must contain an estimate of the actual cash value.

To say that a piece of property is of the value of $5,000 and over, is not to give an estimate of the actual cash value: it is not to say whether the property is worth $5,000 or $50,000. (Ashley v. Olmstead, 54 Cal. 616.)

. Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.

Thornton, J., and Sharpstein, J., concurred.

Reference

Full Case Name
AMES v. ELDRED
Cited By
15 cases
Status
Published
Syllabus
Declaration of Homestead—Construction of Statute. — Under § 1263 Civil Code, a declaration must contain an estimate of the actual cash value. So held, with reference to a declaration of homestead that stated that the ' actual cash value was 15,000 and over.