Clausseneus

Plaintiff appeals from the order “granting Defendants’ Motions for an Order to Quash and Recall a Writ of Execution and for [sic] an Order Cancelling Judgment. ...”

A brief résumé of the facts is as follows:

On March 2, 1953, defendants executed a declaration of homestead (joint declaration of husband and wife). It was recorded on March 3,1953.

On October 1,1951, defendants and Hugo and Anna Jaeger acquired certain mining property in the Tehachapi area from plaintiff and agreed to pay therefor $125,000. Defendants and the Jaegers defaulted in the monthly payment installments and plaintiff obtained judgment in an action against defendants and the Jaegers on September 14, 1954. It is this judgment which plaintiff seeks to enforce. An abstract of the judgment was recorded on or about October 6,1954.

Defendants filed separate but similar petitions in bankruptcy on May 5, 1959, in the Southern District of Cali fornia, Central Division, wherein plaintiff’s judgment was duly scheduled. Defendants received their respective discharges as bankrupts in said proceedings on July 30, 1959.

The homesteaded property was claimed as exempt by defendants. The trustee in bankruptcy reported the…