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MICHELMAN v. FRYE

Docket No. 29367.

238 Cal.App.2d 698 (1965)

48 Cal. Rptr. 142

CARLYLE MICHELMAN, as Trustee, etc., Plaintiff and Appellant, v. JACQUELINE F. FRYE, Defendant and Respondent.

Court of Appeals of California, Second District, Division One.

December 14, 1965.

Attorney(s) appearing for the Case

Gendel, Raskoff, Shapiro & Quittner, G. Merle Bergman, Arnold Quittner and Frank Christi for Plaintiff and Appellant.

Myron W. Curzon and Benjamin Chapman for Defendant and Respondent.

LILLIE, J.

A declaratory relief action was filed by the Trustee in Bankruptcy of Theodore J. Frye, alleging the invalidity of a declaration of homestead made by Mrs. Frye on the ground that she was not physically occupying the premises and her declaration fails to state that she was residing thereon. Each party filed a motion for summary judgment; in addition, plaintiff filed motion for judgment on the pleadings. The court denied plaintiff's motions, and granted defendant...

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