Barker
Barker v. Phillips
Opinion
Lead Opinion
Pullen, J.
On or about the seventeenth day of November, 1924, appellants herein, as plaintiffs, filed an action in the Superior Court of Los Angeles County against George S. Barker, and at the same time levied an attachment upon all the right, title and interest of George S. Barker in and to certain described real property, which property at that time stood in the names of George S. Barker and Roberta E. Barker, as joint tenants. Thereafter, plaintiffs in said action recovered judgment and caused an execution to be issued against the property in question for the purpose of proceeding wth the sale of said property. Thereupon, plaintiff herein, Roberta E. Barker, filed a complaint praying that the sheriff of the county of Los Angeles be enjoined from selling or otherwise proceeding under said writ of execution, and alleging in her complaint that the property in question was her separate property, and that on or about the seventeenth day of March, 1925, her husband had conveyed to her all his right, title and interest in the property, and that on the same day she had executed a declaration of homestead upon her property.