Hughes

This is "an appeal by plaintiffs from a judgment of the superior court of Los Angeles County, dismissing the action upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Defendant has not submitted any authorities or made any argument in support of the judgment of dismissal that she obtained in the trial court. The appellants state that the trial couyt granted the motion of defendant to dismiss the action for the reason “that in as much as the complaint did not state that an execution had been issued and that appraisers had been appointed within sixty days as required by section 1475 of the Code of Civil Procedure, the complaint did not state facts sufficient to constitute a cause of action.”

In this statement appellants are obviously in error, as section 1475 of the Code of Civil Procedure refers to the procedure to be taken when a homestead is selected by a person in his lifetime and is returned in the inventory and appraisement of his estate appraised at not exceeding five thousand dollars, the superior court must set it aside to the person entitled and further provides for the payment of the debts of deceased and the enforcement…