BREEDEN v. SMITH

Docket No. 4807.

120 Cal.App.2d 62 (1953)

260 P.2d 185

JOSEPH W. BREEDEN et al., Respondents, v. ROBERT SMITH et al., Appellants.

Court of Appeals of California, Fourth District.

September 2, 1953.


Attorney(s) appearing for the Case

R.M. Switzler for Appellants.

Walter Wencke for Respondents.


BARNARD, P.J.

This appeal involves the legal effect of a homestead and the subsequent levy of a writ of execution under unusual circumstances.

The defendant Robert Smith, aged 73, was building a house for himself. He employed Joseph Breeden, aged 63, to assist him. On February 15, 1951, Breeden fell from a plank and was injured. On April 9, 1951, Smith and his wife deeded the property on which the house was located to their son, Stanley Smith. The senior Smiths...

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