Swan

Defendants Edward and Louella Walden were husband and wife and, on May 15, 1907, were the owners as joint tenants of lots 3, 4 and 5, block L. Lugonia Park, city of Redlands, together with all water appurtenant to said property and together with four shares of the capital stock of the Lugonia Park Water Company and also two and two-thirds shares of the capital stock of the Eastberne Water Company. On August 17, 1907, the defendant Edward Walden executed and delivered to plaintiff a grant deed purporting to convey to plaintiff all his interest in the property above described. Thereafter plaintiff, alleging himself, by virtue of this deed, to be the owner .of an undivided one-half interest in and to all of the said property, brought this suit to have the same partitioned. In her answer defendant Louella Walden denied the execution of the deed to plaintiff, and as an affirmative defense alleged that prior to the execution of the deed to plaintiff, to wit, on May 15, 1907, she executed and caused to be recorded a declaration of homestead upon “lots No. 3 and 4 of block L, according to plat of Lugonia Park, ... together with the water right appurtenant thereto, consisting of four…