Lorenz

This is an action asking that a homestead declaration be set aside and declared invalid and the lands described in the declaration adjudged subject to the lien of a judgment which plaintiff obtained against the defendant A. D. Hunt subsequent to the filing and recording of the homestead declaration by his wife, Luella Mae Hunt. The trial court set aside the declaration in so far as it affected one of the lots described, declared valid the homestead as to two adjoining lots, and also declared certain insurance moneys due defendants on account of the destruction of a dance-hall that was on the lot held not within the homestead, subject to the lien of the writ of execution issued on plaintiff’s judgment. Defendants appeal from that portion of the judgment declaring the homestead declaration invalid as to lot No. 28 of the subdivision of Tract No. 11 of the Tuba Gardens, situated about one mile south of Marysville in Tuba County, California.

As the facts in the case the trial court found that on May 8, 1925, judgment was entered in the superior court of Tuba County, California, in favor of plaintiff and against defendant A. D. Hunt for the sum of $2,500 and costs; that no part of…