Nicholdson

Action to enjoin the appellant, as sheriff of the county of Monterey, from selling certain real property of the plaintiff situate in that county, under an execution issued upon a judgment against her grantor. Judgment was rendered in favor of the plaintiff, and the defendant has appealed therefrom upon the judgment-roll without any bill of exceptions.

April 14, 1892, Murdock Nicholdson was the owner and seised in fee and in possession of the real property described in the complaint, and was a married man residing thereon with his family, and on that day Emma M. Nicholdson, his wife, made, executed and acknowledged a declaration of homestead in proper form upon said property, which was duly recorded in the office of the county recorder of that county. The said homestead was not abandoned until January 12, 1903, when said Nicholdson and his wife executed a conveyance thereof to the plaintiff herein (who is their daughter), which was duly recorded the next day in the office of the county recorder, and she has since said conveyance been in the possession of said property. No money or other valuable consideration was paid by her for said property—the conveyance to her reciting the…