Votypka

This is an appeal from a judgment in favor of the defendants. The action is one to foreclose a mortgage. The facts are undisputed and are 'briefly as fol lows: On and prior to the ninth day of May, 1911, the premises described in the complaint herein were the community property of Clarence A. Valentine and Flora A. Valentine, his wife, and hn the above date they executed their promissory 'note, secured by a mortgage, upon the whole of said premises, delivering the same to one George F. Hilton, with the mortgage described therein, which note, as to the principal and as to a certain portion of the interest, was unpaid at the time this action was brought. The mortgage .thus executed and delivered described the property covered thereby as “situate, lying and being in the county of Lake, State of California.” The mortgage was recorded in Lake County on May 16, 1911, but was also recorded in Napa County on December 15, 1915, a few days before this action was commenced. On March 19, 1912, Clarence A. Valentine made and executed a declaration of homestead upon the whole of said premises, describing the same as being situated in the county of Lake, and recorded said declaration of…