Gavin

This was an action in ejectment to recover the possession of the premises described in the complaint. The defendants had judgment, and this appeal is from the judgment on the judgment-roll without a bill of exceptions. The only question before us is as to whether or not the judgment is supported by the findings. We are not at liberty to investigate any question of fact, and must regard the findings as conclusive.

It appears from the findings that in December, 1875, one Patrick Gavin, a widower, whose family consisted of himself and three sons, including the plaintiff, was the owner as his separate property of the premises described, and at that time he duly executed and recorded a declaration of homestead upon said premises for the benefit of himself and family. Subsequently to the filing of the declaration of homestead the said Patrick Gavin again married; but afterward, to wit, in April, 1889, a decree of divorce was granted to his second wife, Mary Jane Gavin. In the said action for divorce the said Patrick Gavin appeared and contested the same, with the result that the decree of divorce was granted to the plaintiff therein against Patrick Gavin, and by the decree a judgment…