Homestead—Deed of Trust to Secure Debt Not an Abandonment.— Where a homestead has been regularly selected the subsequent execution of a deed of trust by the husband and wife to secure the payment of a debt, though in the form of a grant, is not a “grant” within the meaning of section 1243 of the Civil Code providing the manner for the abandonment of the homestead, but is practically and substantially a mortgage with a power of sale, and does not constitute an abandonment of the homestead.

Id.—Effect of Legal Title in Trustees.—In such case the legal title in the trustees is conveyed solely for the purpose of security, and carries no other incident of ownership than the right to convey upon default, but leaves a legal estate in the trustor or his successors as against all persons other than the trustees and those lawfully claiming under them.

Id.—Homestead May Be Selected after Deed of Trust.—A trustor in possession may select as a homestead property covered by a deed of trust to secure Ms debt.

Id.—Effect of Payment of Debt—Cessation of Estate of Trustees —Title of Becord Compellable.—Upon the payment of the debt secured by a deed of trust the estate of the trustees absolutely ceases, leaving in them nothing but the bare legal title of record, which they may be compelled to rceonvey to the owner to make the record title clear. The reconveyance is no part of the execution of the trust.

Id.—Construction of Clause in Deed of Trust—Abandoning Homestead.—A clause in a deed of trust to secure a debt purporting to abandon all right of homestead is to be construed only as an abandonment to the trustees for the purposes of the trust, and not as divesting the homestead right absolutely. No such express abandonment to the trustees was necessary to enable them to convey the whole property free of claim of homestead to a purchaser at a trustees’ sale had in execution of the trust, and the express abandonment can have no further effect.