Hannon

The question of law involved on this appeal was submitted to the trial court upon stipulation, and Justice Lucien Shaw, now of the supreme court, then on the superior bench, in deciding the case, wrote an opinion which is quoted in the brief of respondents. It is as follows:

“This is an action to recover the possession of the undivided two-thirds of a tract of real estate. The land in ques tion was the separate property of Patrick Hannon, the father of the plaintiffs, at the time of his marriage to Catherine Hannon, the mother of plaintiffs, on June 8, 1874. On June 19, 1874, Catherine Hannon made and recorded a declaration of homestead upon the land in accordance with the provisions of the Civil Code, as then existing, the family then residing thereon. Patrick Hannon died on October 29, 1885, leaving surviving the plaintiffs and Catherine Hannon, his wife. The defendants claim right to the possession of the land under Catherine Hannon, and the plaintiffs claim as the children and heirs at law of said Patrick Hannon. The decision of the case depends upon the decision of the question whether the law governing succession to the homestead is the law in force at the time the…