ELLSWORTH v. MARSHALL

Docket No. 19775.

196 Cal.App.2d 471 (1961)

16 Cal. Rptr. 588

JOE K. ELLSWORTH et al., Appellants, v. F.A. MARSHALL et al., Respondents.

Court of Appeals of California, First District, Division Two.

October 24, 1961.


Attorney(s) appearing for the Case

Jay Graves and Graves, MacLeod & Gifford for Appellants.

Douglas G. Cowan and Carl B. Noecker for Respondents.


AGEE, J.

Plaintiffs (husband and wife) appeal from a judgment holding that a homestead declared by them on certain real property was invalid because neither resided on the premises at the time of such declaration and that, even if this requirement was met, plaintiffs are estopped from asserting any rights thereunder as against defendants.

On January 28, 1952, plaintiffs executed a promissory note and a deed of trust on the real property in question as security...

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