Cited Civil Code, §§ 1263, 1245, 1255; Estate of Delaney, 37 Cal. 182; Myers v. Ford , 22 Wis. 139.
JUDGES: Myrick, J. Thornton, J., and Sharpstein, J., concurred.
OPINION
MYRICK, Judge
The only question in this case is, as to the sufficiency of the declaration of homestead. Referring to the valuation of the premises, the declaration states " that the actual cash value is $ 5,000 and over ." Section 1263 Civil Code provides that the declaration must contain an estimate of the actual cash value.
To say that a piece of property is of the value of $ 5,000 and over, is not to give an estimate of the actual cash value: it is not to say whether the property is worth $ 5,000 or $ 50,000. (Ashley v. Olmstead , 54 Cal. 616.)
Judgment reversed and cause remanded, with directions to sustain the demurrer to the complaint.