Carter

The plaintiff in this action brought suit against the defendant Bay A. Garetson to recover upon a promissory note for the sum of three thousand five hundred dollars, together with interest and counsel fees, and in said action caused an attachment to be issued and levied upon certain real estate. The defendant appeared and answered, admitting all of the allegations of the complaint except the allegation with respect to counsel fees, the demand for which the defendant in his said answer asserted, to be exorbitant. Thereafter Josephine Garetson, the wife of said defendant, filed, by leave of court, a complaint in intervention, wherein she alleged that she was the owner of the real estate upon which said attachment had been levied and that same was her sole and separate property and estate; and further alleged that prior to said attachment she had filed a declaration of homestead upon said property by virtue of which it had been exempted from attachment and execution under the laws of the state of California. To this complaint in intervention the plaintiff in the action filed an answer, wherein he denied that the said property so attached, or any portion thereof, was the sole or…