MacLeod

The purpose of this action is to obtain a decree canceling and annulling certain deeds, together with the records thereof, purporting to convey certain real property situated in the county of San Joaquin, and to quiet plaintiff’s title to said property. Plaintiff was given judgment, and this appeal is brought here by the defendant from said judgment and the order denying his motion for a new trial.

This is the second trial of the cause, the judgment rendered and entered at the first trial having been reversed on appeal by the supreme court and the cause returned to the court below for retrial. (MacLeod v. Moran, 153 Cal. 97 , [ 94 Pac. 604 ].) In the language of the opinion of the supreme court on that appeal, written by Mr. Justice Angellotti, we present the facts as follows:

The only point involved and decided in the first appeal was whether the trust deed referred to constituted an abandonment of the homestead regularly selected by plaintiff prior to the execution of said trust deed in accordance with the terms of the several sections of the Civil Code relating to the subject of the selection and abandonment of homesteads. The court held that the effect of said trust deed…