Lakas

Action to have a homestead claimed by defendant on certain twenty acres of land declared void and invalid. The cause was tried by the court without a jury, and plaintiff had findings and judgment in his favor. Defendant appeals from the judgment.

The pleadings raised the single question whether or not the homestead sought to be vacated was valid.

For several years prior to the declaration of homestead by defendant he had supported and maintained his grandmother, Mrs. Jack; they had lived together on a tract of land of about 57 acres, four miles distant from the city of Stockton, of which land the twenty-acre tract in suit was a part; the house occupied by defendant at that time and other improvements were on a part of the larger tract, being 37 acres, which latter he sold some time prior to the declaration of homestead; upon the sale of this 37 acres defendant with his grandmother moved to Stockton and took up his residence in one of the flats of a building under the management of his sister-in-law, the wife of his brother, C. C. Archambault, to whom defendant paid rent for his flat. His grandmother lived with Mm there and was supported by Mm. She was over ninety years of age…