Connell

Plaintiff, a judgment creditor of the defendant, had levied execution upon "real property of the defendant upon which defendant had filed a homestead.

Plaintiff then instituted this proceeding under sections 1245 to 1261 of the Civil Code for the appointment of appraisers to appraise the homestead property. The trial court denied plaintiff’s petition and she has appealed from the order on a bill of exceptions.

Upon the hearing it was stipulated that all the allegations of the petition were true with the exception of the value of the property which, it was agreed, was $4,500. The controversy submitted to the trial court was whether defendant was the head of a family under subdivision 2 of section 1261 of the Civil Code, and, as such, entitled to a homestead exemption of $5,000, or whether, being a single woman, she was entitled to an exemption of but $1,000.

Section 1261 of the Civil Code reads in part: “The phrase ‘head of the family, ’ as used in this title, includes within its meaning: ... 2. Every person who has residing on the premises with him or her, and under his or her care and maintenance, either: ... (e) An unmarried sister, or any other of the relatives mentioned in…