Bracey

Prior to her marriage to defendant John Gray, the defendant Dora Stuart Gray purchased certain real property located near the city of Chico, which property was then subject to a note and deed of trust. Sometime after her marriage to John Gray a joint declaration of homestead was filed covering said real property. Default was made in payment of the obligation and the property was foreclosed. The plaintiffs herein subsequently acquired the property from the purchaser at the foreclosure sale. At the time of such acquisition by the plaintiffs the defendants still occupied the premises, and in order for plaintiffs to obtain possession thereof an action was filed against Gray and his wife. Subsequently John Gray executed and delivered a quitclaim deed to plaintiffs and the action was dismissed as against him. The cause was then tried and a judgment was rendered against Dora Stuart Gray alone. John Gray did not participate as a party in that trial. Thereafter, however, he and Dora Stuart Gray moved for a new trial and to vacate and set aside the judgment in addition to sundry other motions, all of which were denied by the trial court. Upon appeal to this court the judgment and orders…