Daniels

The court sustained a demurrer to the complaint, and judgment was entered for defendants. This appeal is from the judgment for the purpose of reviewing the ruling on the demurrer.

The complaint states in substance as follows: That plaintiff and John Lowth intermarried in February, 1871, and were husband and wife until July, 1883, when John Lowth died. That at the time of the said marriage John Lowth was the owner of the premises described in the complaint, and in April, 1880, while the plaintiff and said John Lowth resided upon the said premises, the said John Lowth made and acknowledged a declaration of homestead thereon, which contained the statement that: “I, John Lowth, ... do hereby certify and declare that I am married, and that I do now at the time of making this declaration reside with my family on the lot of land and premises” (describing the same). The declaration of homestead was acknowledged and recorded. The plaintiff and said John Lowth continued to reside upon said premises up to the time of his death, and no declaration of abandonment of said homestead was ever made or recorded. John Lowth left a will, which was duly admitted to probate, and executors thereof…