Zanone

This is a suit to quiet title to certain real property situated in the city of San Francisco.

The court granted defendant’s motion for a nonsuit and rendered and caused to be entered judgment accordingly. The appeal here is by the plaintiff from said judgment.

There is no dispute as to the important facts, which are: Alfred Goad and plaintiff’s intestate, Catherine A. Powers, intermarried in the month of July, 1869.

The real estate in dispute was the separate property of said Alfred Goad, it having been devised to him by his father, Samuel Goad, prior to his said marriage to plaintiff’s intestate.

On the sixth day of January, 1870, Alfred Goad filed with the county recorder of the city and county of San Francisco a declaration of homestead on said property. In the declaration so filed it was stated that the family of the declarant consisted of himself and wife (plaintiff’s intestate), and that, at the time of the filing of said declaration, they were residing on the premises upon which the declaration of homestead was so filed.

On the fourteenth day of April, 1881, Alfred Goad was, by the superior court in and for the city and county of San Francisco, granted a decree of…