California Supreme Court, 1880

Ames v. Eldred

Ames v. Eldred
California Supreme Court · Decided July 1, 1880 · Myrick
55 Cal. 136
Ames v. Eldred

Cases that cite this one

15 later published cases cite this decision.

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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.

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