Skinner v. Hall

Belcher, C. C. This action was commenced to restrain the sale of a lot of land in the city of San José, under executions issued upon judgments against the plaintiff. • The plaintiff claimed that when the executions were levied the lot was his homestead, and therefore not subject "to forced sale.

The defendants denied that it was a homestead, and whether it was or not is the only question presented for decision.

The court found that on the fifteenth day of October, 1879, the plaintiff resided with his family, consisting of his wife and one child, in a dwelling-house on the lot, and on that day made and caused to be recorded a declaration, in proper form, claiming it as a homestead.

On the 6th of December following his house was partially burned, and more than half of his furniture was destroyed.

Immediately after the fire, he went with his wife and child to the house of his mother, on the adjoining lot, where it was agreed that he should pay for his board, and his wife should assist in the housework as a compensation for her board and that of the child. He proceeded to repair his house, and the repairs were completed in the month of May, 1880. After making the repairs he had not the means to refunish the house, and that he might raise money to purchase the necessary furniture, he rented the house and ' lot by the month, for the monthly rental of fifteen dollars. The tenant entered into possession, and continued to occupy the premises until May, 1881.

When he filed his declaration of homestead in October, 1879, he owned the undivided half of the lot, and of the adjoining lot where his mother lived, and she owned the other undivided half of the two lots.

[197]Between the month of May, 1880, and the 24th of January, 1881, he exchanged conveyances with his mother, and thereby acquired the title to the whole of the lot on which his house stood.

On the last-named day he made an arrangement with his tenant, by which he gave'up a part of the rent and was permitted to occupy the front room of the house; and on the night of that day he took to the room some bedding and slept there. He continued to sleep in the room until May, when the tenant gave up the house, and his wife and child joined him and occupied the same room with him after the 15th of February.