78 Cal. 293 | Cal. | 1889
This is an appeal from a judgment setting apart a homestead under the insolvency laws, and from an order denying a motion for a new trial. The declaration of homestead covered lots 4 and 5 of block 39 of the town of Chico. These two lots adjoined each other, and were together under the value of five thousand dollars. The family dwelling was upon lot 5, and the outhouses, chicken-yard, etc., covered the rear portion of lot 4. It is conceded that the homestead was valid as to lot 5, and as to the above-mentioned portion of lot 4. But it is contended that the front portion of lot 4— about eighty-nine feet in depth—was used for. business purposes, and that there was -no actual residence thereon. Upon this eighty-nine feet there was a two-story building. In relation to this, the findings (which are full of matter of mere evidence) contain the following statement: “Ever since the erection of the building it has been used principally for business purposes, to wit, general blacksmithing, wagon-building, and repairing, painting, and varnishing wagons”; and the balance of the eighty-nine feet was used in connection with said business.. In pre-?
We do not think, however, that final judgment can be ordered in favor of the appellant, because the finding above mentioned is in direct contradiction of the sixth and eighth findings.
We therefore advise that the judgment and order appealed from be reversed, and the cause remanded for a new trial.
Foote, C., and Belcher, C. C., concurred.
For the reasons given in the foregoing opinion, the judgment and order appealed from are reversed, and cause remanded for a new trial.
Rehearing denied.