Klink v. Cohen

Baldwin, J. delivered the opinion of the Court— Terry, C. J. concurring.

This was ejectment, to recover a house and lot in Yrcka, claimed by the plaintiff to be homestead property. The Court rendered a judgment for the defendants, upon a special finding of facts by the jury. The facts so found were these : That the premises are situated in the town of Yreka, on a public street in a business portion of the town, the town containing a population of some two thousand souls, and the site of the town being mineral land; that the defendants bought the lot at Sheriff's sale, in February, 1855, and have been in possession since; that one Alexander was in actual possession of the property at the time of the bringing of the suit, and for twenty-nine days before; that the property was used by Klink and wife, whilst they owned it, for family and business purposes, and equally for each; that they had another and different place of residence before the fire in 1854, which consumed the first building, and this other resi[624]denee was in Yreha, and was before the bringing of this suit; that Klink claimed another homestead, before or at the time of the purchase of defendants; but that at the sale the Sheriff made a proclamation that Klink claimed this lot as a homestead, and the defendants heard it, and that defendants, at the time of sale, had no knowledge that Klink claimed other property as his homestead. The monthly value of this property is one hundred and twenty-five dollars. As a residence the value is one hundred dollars per month. Defendants have made no valuable improvements. At the date of defendants’ purchase there was a mechanics’ lien on the premises for four hundred and eighty-eight dollars and fifty cents, which was afterwards paid by defendants. Mrs. Klink never claimed any other property as homestead, nor lived with her husband on any other, property—he and she claiming the same as a homestead. The property was worth one hundred and thirty-five dollars a month to the plaintiffs, as used by them. The plaintiffs resided upon the premises between the 15th of June, 1854, and the 21st of February, 1855, and Mrs. Klink claimed the premises as a homestead while so residing. Plaintiffs were husband and wife from 1849 to 1858. Mrs. Klink claimed the premises a short time before leaving them. She claimed no other property as her homestead. Defendants purchased the premises on execution sale against Klink, 21st February, 1855, for two thousand three hundred dollars. Plaintiff resided in the back part of the building; no communication between the front rooms and back. Plaintiffs were owners of the premises and built a dwelling-house on the premises; the house was built as a place of business or trade, and a dwelling-house. The premises were not the only family residence of plaintiffs in the year 1854 and 1855.