LEE v. BROWN

Docket No. S.F. 23416.

18 Cal.3d 110 (1976)

553 P.2d 1121

132 Cal. Rptr. 649

BARBARA A. LEE, Plaintiff and Respondent, v. EDWARD F. BROWN et al., Defendants and Appellants.

Supreme Court of California.

September 17, 1976.


Attorney(s) appearing for the Case

COUNSEL

Bruce I. Cornblum and Robert L. Mezzetti for Defendants and Appellants.

Mandich, Clark & Barker and Wesley L. Barker for Plaintiff and Respondent.


OPINION

RICHARDSON, J.

In this case we consider whether defendants in a foreclosure action have waived their right to appeal a trial court judgment ordering an execution sale of their homesteaded property by accepting the amount of their homestead exemption from the sales proceeds. We conclude that defendants have not waived their appeal right.

In 1967 defendants recorded a valid declaration of homestead on their real property...

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