Elmore v. Elmore
10 Cal. 224
Cal.
1858
Check Treatment
Terry, C. J., delivered the opinion of the Court

Burnett, J., concurring.

The report of the referee is fully sustained by the pleadings and evidence contained in the record.

The question as to defendant’s right to have a portion of the homestead set aside for his use, did not arise in the ease, as it is not shown that the property claimed as a homestead had been at any time during the existence of the marriage, the residence of the family.

Judgment affirmed.