Hohn

The plaintiff is a widow without children.

At one time she was the wife of one Andrew Hersom, and after his death she married John Hohn, who died in 1898. Upon the property in controversy she filed two declarations of homestead, the first dated and recorded May 13, 1899, and the second September 23, 1901. The second differs from the first only by reason of the additional recital “that I am now unmarried and have no children and that I am a person other than the head of a family, ’ ’ although the sufficiency of neither declaration is challenged. On December 30, 1901, a judgment in the superior court of Plumas county in the sum of $493.93 and costs was rendered against the said Ellen Hohn in favor of the said N. 0. Pauly. This was assigned by Pauly to R. J. McKeowen and L. James, and on March 25, 1902, execution was issued thereon and placed in the hands of the sheriff, who thereupon levied upon the property and gave notice that he would sell the same on May 22, 1902. Plaintiff brought the action to enjoin the defendants, and each of them, “from selling, threatening to sell or offering for sale said premises or any part thereof.”

The complaint was filed May 14, 1902, and a general…