Laidlaw

Action for the foreclosure of a mortgage executed to the plaintiff by Julia A. E. Hinz, since deceásed. Judgment was rendered in favor of the respondent, and the plaintiff has appealed from the judgment upon the judgment-roll, including a bill of exceptions.

The facts presented at the trial as appears from the record are as follows: September 19, 1903, the property described in the complaint was the community property of said Julia A. E. Hinz and her husband, John J. A. Hinz, and on that day the said Julia executed and acknowledged in proper form and caused to be duly recorded a declaration of homestead thereon. The property was at that time subject to a mortgage, which had been executed to the plaintiff by the husband in 1890 to secure his promissory note for $3,000. Prior to the maturity of this note, viz., November 13, 1894, the said John and Julia executed to the plaintiff their joint and several promissory note for the sum of $3,000, payable in one year thereafter, and for the purpose of securing its payment executed and delivered to the plaintiff a mortgage of the said property. November 25, 1894, the husband died testate, devising the premises in question to his wife…