Boreham v. Byrne

Thornton, J. Ejectment; tried by a jury. Verdict and judgment for- defendants. Plaintiffs appeal from the judgment, and order denying their motion for a new trial.

On October 14, 1862, one Mee, who at that time held the title to the land in suit, conveyed it to George Bore-ham, husband of plaintiff, Louise Boreham. It wras admitted that, from the day the foregoing deed bears date, up to the time George Boreham left San Bernardino, about July 1, 1865, he and his family resided on the land sued for.

Defendants claim title under a deed purporting to be executed by George Boreham and plaintiff Louise Bore-ham, his wife, to J. H. Stewart, dated May 31, 1865. “ It was offered by defendants as the deed of George [25]Boreham only.” Whatever title Stewart took by this deed passed to and vested in the defendants.

On the trial plaintiffs offered in evidence a certified copy of a paper executed by George Boreham on November 4, 1862, which was duly acknowledged and recorded on the day just above named. The following is a copy of it:—

“ Know all men by these presents, that I, George Boreham, of the county of San Bernardino, state of California, do hereby make and declare my intention to use and claim the following described premises as a homestead, to wit [here follows a description of said property]; which said premises was conveyed to me by Sydney Mee by deed bearing date the 14th of October, A. D. 1862, together with all the appurtenances thereunto belonging; and I do further declare that I am a married man, now, and have been since the date of said deed, in possession of said premises, and that said premises are worth less than five thousand dollars. In witness whereof I-have hereunto set my hand and seal this fourth day of November, A. D. 1862, at the city of San Bernardino.

[Signed] “ George Boreham. [Seal]

“ Duly acknowledged and recorded November 4,1862.”

Defendants objected to the introduction of the foregoing paper, on the grounds that it was not a declaration of homestead; that it was immaterial, irrelevant, and incompetent; void on its face, in that it did not state that tl e d iclarant was residing on the premises at the time it purported to have been made, nor that he was residing thereon with his family, and that it does not state the cash value of the property.