Johnson v. Johnson

Defendant appeals from a judgment rendered against her in an action to quiet title, tried upon an agreed statement of facts.

The sole question to he determined in this action is the validity of a homestead declared upon property held in joint tenancy. At the time of the declaration of homestead plaintiff and his wife, Minnie Johnson, were the owners of the property in controversy in this action, holding the title thereto as joint tenants. Their son, Chester Johnson, who was also defendant’s husband, had an interest in the property to the extent of seven hundred dollars, which he had paid on the purchase price of $5,200. Defendant and Chester Johnson resided upon the property and were in the exclusive possession thereof from about the time of its purchase, on August 25, 1915, until February 24, 1916, at which time Chester Johnson left defendant and went to live with his parents in Pasadena. On May 26, 1916, defendant filed her declaration of homestead upon the property. Thereafter, and on April 19, 1917, Joseph and Minnie Johnson, by grant deed, conveyed the property to Chester Johnson, and on the same day he reconveyed the property by grant deed to his parents. These deeds were…