Magneson

The action was to quiet title, the complaint being in the usual form, plaintiff alleging absolute ownership in herself. Defendant filed an answer and a cross-complaint denying the title of plaintiff and setting up that O. M. Magneson, the husband of plaintiff was, on the sixth day of February, 1911, and ever since has been, the owner of said premises, subject to defendant’s claim as follows: That said property was attached by defendant in an action brought by it against said 0. M. Magneson and, upon recovery of judgment, said property was sold by the sheriff under execution and purchased by defendant herein and a certificate of sale issued to it. Defendant prayed that it be decreed that it holds a valid lien upon said property by virtue of said sale and for general relief.

Plaintiff answered said cross-complaint, denying the material allegations thereof and setting up the occupancy of said premises as a dwelling by plaintiff and her husband during all the time mentioned in said cross-complaint and also the due execution and recordation of a declaration of homestead by herself on said premises prior to the levy of said attachment.

The court found that, on the twentieth day of…