Summary
In Ames v. Eldred, 55 Cal. 136, it was held that a declaration which stated "that the actual cash value is five thousand dollars and over" did not contain an estimate of the actual cash value, and was therefore defective.
Summary of this case from Schuyler v. BroughtonOpinion
Department Two
Appeal from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J.
COUNSEL:
The declaration of homestead contains no estimate of the actual cash value of the land, as required by § 1263 Civil Code.
Thom & Ross, and C. N. Wilson, for Appellants.
James H. Blanchard, and Will. D. Gould, for Respondent:
Cited Civil Code, §§ 1263, 1245, 1255; Estate of Delaney, 37 Cal. 182; Myers v. Ford , 22 Wis. 139.
JUDGES: Myrick, J. Thornton, J., and Sharpstein, J., concurred.
OPINION
MYRICK, Judge
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.