MacLeod

The only question presented by this-appeal is whether a certain trust-deed executed by plaintiff and her husband, A. K. MacLeod, for the purpose of securing-the payment of a debt, constituted an abandonment of a homestead theretofore regularly selected by the plaintiff in accord with the provisions of the Civil Code relative to the selection of homesteads. The trial court held that such was the effect of the trust-deed, and gave judgment against plaintiff, and this is an appeal by plaintiff from such judgment.

The real property involved was community property, having been acquired by plaintiff’s husband, A. K. MacLeod, after their marriage and by their joint efforts, and was their family home. It was regularly selected as a homestead by plaintiff on May 3, 1902. In January, 1904, the deed of trust was executed and acknowledged by plaintiff and her husband, and recorded in the office of the county recorder. By this instrument, the husband and wife purported to grant, bargain, sell, etc., the land in question to M. L. Sims and C. L. Flack intrust, as security for the payment of four hundred and fifty dollars with interest, to one Mary E. Sims. The trust-deed was in the form…