Hart

The sheriff of Los Angeles County, one of the respondents herein, sought to sell under execution the interest of Irene May Hart in certain real property following a judgment obtained on a promissory note executed by said Hart in favor of Taber. Plaintiff claiming a homestead interest in the property as the widow of John Curry obtained a temporary injunction restraining the defendants from selling it, but after a trial of the action the superior court dissolved the injunction, found that Taber’s judgment against plaintiff was a lien on the premises,' and adjudged the levy of execution valid. The plaintiff appeals from the judgment and from an order denying her motion for a new trial.

There is no dispute regarding the facts. John Curry died intestate in 1904. Prior to that time plaintiff, then the wife of said John Curry and living with her husband on lot 50 of Westlake Park Tract in the city of Los Angeles, which was community property, executed and caused to be recorded a declaration of homestead upon the said premises. This homestead was in existence at the time of John Curry’s death. Plaintiff was appointed administratrix of her deceased husband’s estate and in December, 1905,…