Morand

Plaintiff sought a judgment quieting her title to an undivided one-half interest in certain real property situate in Mendocino County. The defendants, Jennie Hoyerdahl and C. M. Mannon, appeared and answered, alleging that the defendant Hoyerdahl is the owner of the whole of the property described in the complaint, that defendant Mannon has a first mortgage on all of Mrs. Hoyerdahl’s interest, and that the plaintiff has no right whatever in the property. At the trial the parties stipulated to the effect that if a certain declaration of homestead, recorded by one Louis Morand July 26, 1872, was sufficient in form, the title to all of the real property in question belongs to defendant Hoyerdahl, subject to a mortgage to defendant Mannon, but that if the said declaration is insufficient in form, the title is vested an undivided one-half in plaintiff and the other half in Hoyerdahl, subject to the mortgage before mentioned. It was also stipulated by the parties that Louis Morand was married at the time of the execution of the declaration of homestead in question.

The lower court held the declaration of homestead insufficient in that it failed to state that the declarant was married,…