Reports of Cases Determined in the Supreme Court of the State of California (182)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921. Excerpt: ... 32 Pac. 803; Kirschner v. Dietrich, 110 Cal. 505, 42 Pac. 1064; Taller v. Peverill, 4 Cal. App. 671; 88 Pac. 994; Brown v. Brown, 170 Cal. 1, 147 Pac. 1168; and Shoemake v. Clalfant, 47 Cal. 432.) Under the circumstances of this case defendant upon the granting of the divorce ceased to be the head of a family and he was no longer entitled to a homestead exemption of the character here involved. (Zanone v. Sprague, 16 Cal. App. 333, 116 Pac. 989.) No family, no homestead. (Waples on Homestead Exemptions, p. 70.) The homestead being destroyed, the parties as tenants in common could convey or sever their relative interests therein. (Simpson v. Simpson, 80 Cal. 237, 22 Pac. 167; Grupe v. Byers, 73 Cal. 271, 14 Pac. 863; and Brown v. Brown, supra; 13 Ruling Case Law, p. 679.) For the reasons given the judgment is affirmed. Shaw, J., Olney, J., Wilbur, J., Lennon, J., Lawlor, J., and Angellotti, C. J., concurred. L. A. No. 6086. Department Two.--May 18, 1920. J. H. TIPPS, Appellant, v. IDA B. LANDERS, Executrix, etc., Respondent. 1 Book Account--Evidence--Entries In Book Not Kept In Usual Course Of Business.--Iu an action upon an open book account, entries in a book not kept in the usual course of business and not containing all the dealings between plaintiff and defendant are not sufficient to establish the plaintiff's claim. 2 Id.--Action Against Executor--Correctness Of Account--EviDence--Incompetency or Plaintiff.--In an action upon an open book account against the executor of an estate, the plaintiff is an incompetent witness to establish the correctness of the account or to testify with reference to any matter of fact occurring before the death of the testator. APPEAL from a judgment of the Superior Court of Imperial County. W. H. Thomas, Judge Presiding....