BECKER v. LINDSAY

Docket No. S.F. 23344.

16 Cal.3d 188 (1976)

545 P.2d 260

127 Cal. Rptr. 348

VIRGINIA A. BECKER, Plaintiff and Appellant, v. FRANK C. LINDSAY, Defendant and Respondent.

Supreme Court of California. In Bank.

February 13, 1976.


Attorney(s) appearing for the Case

COUNSEL

Joseph B. Harvey for Plaintiff and Appellant.

John D. Bessey and Dahl, Hefner, Stark, Marois & James for Defendant and Respondent.

Clifford C. Sweet, John H. Erickson, Miriam Steinbock, Daniel M. Luevano, Rosalyn M. Chapman and Richard A. Paez as Amici Curiae on behalf of Defendant and Respondent.


OPINION

TOBRINER, J.

In this case a plaintiff-creditor appeals from an order quashing a previously issued writ of execution and setting aside the levy upon real property made pursuant to it. The sole question before us is whether a declaration of homestead recorded before judgment defeats a prior attachment lien.

On March 2, 1971, plaintiff filed an action against defendant in the...

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