Stewart v. McHarry

Defendant claimed title to the land in suit as 'an adjoining farm homestead' abutting on a tract of 60 acres conveyed to him by his wife, which was part of 175 acres belonging to her former deceased husband, which had been set apart to her and her minor children as a homestead. This land had never been set apart to her absolutely, but there was no evidence to show that it might not be given to her as part of the one-half interest to which she was entitled, by Code Civ. Proc. Cal. § 1468, in the lands of her deceased husband.

E. W. McGraw and Theodore Wagner, for plaintiff in error.

Charles E. Wilson and W. S. Wells for defendant in error.

Mr. Justice FIELD delivered the opinion of the court.