Null

In this action the plaintiff prayed for a decree establishing its right to remove the timber standing and growing on the lands described in the complaint, in accordance with the terms of a written conveyance of such timber to plaintiff, and quieting its title to said timber. The defendant denied plaintiff’s right to the timber upon that part of the described lands hereinafter referred to as the homestead and disclaimed any interest in the timber upon the remainder. The court gave judgment as prayed for in the complaint and the defendant appeals.

During the year 1879 J. C. La Tour and his wife, Arrena La Tour, resided upon the lands in controversy. November 26th of that year La Tour executed and recorded his declaration, in' due form, claiming such lands, and other lands, as a family homestead. He and his wife continued to reside on the land covered by the homestead until the year 1889, when they removed to another place where they thereafter resided. April 11, 1901, La Tour executed and delivered to his wife a deed purporting to convey to her the lands described in the complaint and containing the following clause: “The condition of this deed is such that it is to be recorded at…