Michels

This is an action to quiet title. The complaint, is in the usual form. The answer of the defendant Emma A. Burkhard is a general denial of the material allegations of the complaint. By way of further defense she sets up an alleged declaration of homestead, made, executed, and recorded by her in the year 1912, covering the property involved in this action—which declaration contains recitations that she is actually, residing on such property with her family, a son, and that her husband has never made a declaration of homestead on said property or “executed any document claiming a homestead” therein—alleging that there has been no abandonment or conveyance of the same; that it is in full force and effect and that all. the property described in said declaration of homestead is community property, having' been acquired by defendants after their marriage otherwise than by gift, devise or descent.

As a “third defense” defendant Emma A. Burkhard alleges that on January 6, 1914, a certain-action was pending in the sup» ior court of Los Angeles County, in which she was plaintiff vnd John F. Burkhard, her codefendant here, was defendant ; that said action was an action for her own support…