Reid v. Englehart-Davidson Mercantile Co.

HARRISON, J.

—Suit to quiet title. July 12, 1897, the respondent, R. M. Reid, filed for record with the county recorder for the county of San Bernardino a declaration of homestead upon certain real property, and on October 1, 1898, filed another declaration of homestead upon the same property.

The Englehart-Davidson Mercantile Company, one of the appellants herein, recovered a judgment in the justice’s court for the township of Redlands against the said respondent, and an abstract of this judgment was filed in the office of the county

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recorder September 28, 1898. November 2, 1898, the interest which R. M. Reid had in the above-named real property was sold by the sheriff under an execution, issued upon this judgment on October 5th, and the certificate of sale issued thereon was transferred to this appellant. October 13, 1897, a judgment was entered and' docketed in the superior court of said county against Reid, and in favor of one Archer, for the sum of three hundred and seventy-five dollars, together with interest and costs, and was afterward assigned by Archer to the other appellants herein. November 17, 1898, Reid and wife brought the present action to quiet their title to said property. Judgment was rendered in their favor, and the present appeal is from this judgment.

The sole question involved upon the appeal is the sufficiency of the selection of homestead in July, 1897. The declaration is as follows:

“I hereby declare that I am married, and that I do now actually reside with my family on that certain land and premises situate in the city of Redlands, county of San Bernardino, state of California, bounded and described as follows, to wit [giving description]; I claim said premises as a homestead. The actual cash value of said premises I estimate to be three thousand dollars.

“Dated this 12th day of July, A. D. 1897.

“R. M. REID.”

Section 1237 of the Civil Code defines the homestead to be the dwelling-house in which the claimant resides, and the land on which the same is situated, “selected as in this title provided.” It is only a homestead “selected” in accordance with the requirements of the statute that is exempt from execution at forced sale. Section 1260 provides that homesteads of not exceeding five thousand dollars in value may be selected and claimed by any “'head of a family,” and to the extent of one thousand dollars in value by any other person. By section 1262, a homestead can be “selected” only by “a declaration of homestead,” which must be executed and acknowledged in the same manner as a grant of real property is acknowledged, and filed for record; and by section 1263 this declaration of homestead “must contain,” in addition to other statements, “a state