Harlan

Action to quiet title. The land in controversy is a certain lot situated in the town of Dixon, Solano county. The complaint is in the ordinary form of an action to quiet title. Defendant denies the averments of the complaint and avers that at the time the action was commenced he was the owner ip. fee of the premises. It is further averred that on November 3, 1904, one Josephine Quick was the owner of the land, and on that day conveyed the same to Albert Manning, who on November 9, 1904, conveyed the same to defendant. The answer then sets forth that plaintiff claims title through a deed dated December 2, 1905, from said Jose phine Quick and William Quick, her husband; avers that Josephine Quick, on October 5, 1901, filed “a pretended declaration of homestead which declaration is claimed by pla.int.iff to be a valid homestead declaration”; that plaintiff took said deed with notice of said deed to said Manning; that at the time said pretended homestead was filed “the house upon said premises was not suitable for the dwelling of a family and was not a dwelling, but was a place of business, to wit, a house of prostitution.”

The court made the following findings of fact: That at the…