McGee

This is an appeal from a judgment in favor of defendant in an' action to quiet title to certain real property situate in the county of Orange in this state.

The facts material to the opinion are that defendant and one J. W. Hoffman intermarried in February, 1909, and that soon thereafter Hoffman purchased the property in controversy, taking the deed thereto in the name of W. S. Jones. In June, 1911, defendant, while still the wife of the said Hoffman, recorded her declaration of homestead upon the property. In February, 1913, at the instance of J. W. Hoffman, an action was brought in the superior court of Orange County in the name of W. S. Jones against this defendant, Carrie Hoffman and her husband, J. W. Hoffman, to quiet title to this property. Personal service of process was had therein upon said Carrie Hoffman and she suffered her default' to be entered. J. W. Hoffman filed a disclaimer, and in August, 1913, judgment was entered quieting title in the name of W. S. Jones. In July, 1914, the said Carrie Hoffman instituted proceedings in Orange County for a divorce from her husband, J. W. Hoffman, alleging in her complaint that the said J. W. Hoffman and W. S. Jones were one…