Towne

This action was brought to have it decreed that a certain piece of land in the city of Santa Cruz was the homestead of plaintiff, and that she be entitled to the possession thereof, and that a certain conveyance thereof executed by Willis J. Towne to J. W. Towne be decreed to be null and void.

The action was originally brought against Willis J. Towne and J. W. Towne, but J. W. Towne having died after the action was brought, Harry B. Towne, as the administrator of his estate, was substituted as defendant in his place and stead.

Willis J. Towne is the divorced husband of plaintiff, and was made defendant because he refused to join with plaintiff in bringing the action. Willis J. Towne and plaintiff intermarried in 1888, and in 1890 Willis J. Towne entered into an oral contract with his father, said J. W. Towne, by which said J. W. Towne agreed to sell to Willis J. Towne the lot of land in dispute for the sum of $500. Willis • J. Towne, in order to build a dwelling upon the lot, borrowed from a bank the sum of $800, for which his father, J. W. Towne, went security. A house was built upon the lot by Willis J. Towne, and plaintiff and said Willis J. Towne took up their residence…