Katsivalis

Plaintiff, a widow, has appealed from a judgment that imposed an equitable lien on property which she holds as surviving joint tenant and under a homestead executed by herself and her husband. The judgment also denied her prayer for cancellation of a promissory note, executed, together with a deed of trust,. only by her deceased husband for himself individually, and for her as her attorney in fact, in order to refinance obligations which were secured by liens against the property which antedated the homestead. She contends that the court erred in finding that the power of attorney was valid despite her claim of incompetency, and in admitting evidence and in failing to make findings in her favor on that issue. She also asserts that the court improperly awarded the defendant savings and loan association an equitable lien on the theory of unjust enrichment because it violates the policy of the homestead laws, because the lender had an adequate remedy at law, because it was guilty of unclean hands, and because it will result in excessive loan payments from her.

On examination of her contentions it is concluded that there was substantial evidence to support the findings and…