Fay

Plaintiff and defendant intermarried on December 2, 1908, and ever since have been husband and wife. At the time of the marriage plaintiff was the owner of two lots in the Central Avenue Home Tract (Nos. 314 and 315) in Los Angeles County. By reason of and relying on certain-false representations made to her by her husband, plaintiff, on May 6, 1909, executed a deed to defendant, conveying to him a one-half interest in said two lots, no consideration of any kind being received therefor by her. This deed was placed on record by defendant. A home having been constructed on the land, defendant, on April 4, 1910, executed and recorded a declaration of homestead covering the property, but plaintiff did not join in the making of such declaration, or consent thereto. After the execution of said deed, defendant expended the sum of one hundred dollars from his separate funds and property, and $349.50 from community funds in assisting in the construction of a house and other permanent improvements on said land for the purpose of making the same suitable for residence‘purposes, and $274.50 from community funds in part payment of a pre-existing mortgage on said land, placed thereon before the…