Wall

This is an action brought by the plaintiffs, as heirs at law of Alice Brown, deceased, to quiet title to an undivided one-fourth interest in a certain lot of land in the city and county of San Francisco, to which, in his answer, the defendant, Brown, asserted sole ownership.

The case was tried on stipulated facts. Thomas Brown, the defendant, and Alice Brown, deceased, were husband and wife, and on May 26, 1876, said Thomas Brown acquired title to the lot in question as community property. On June 26, 1885, said Alice Brown filed a valid declaration of homestead on this property which was never abandoned. On October 24, 1901, Thomas Brown made a deed of gift to his said wife, conveying to her an undivided one-half interest in and to said lot, which deed was duly recorded, and said Alice Brown continued to own said undivided interest up to the time of her death. She died intestate on October 24, 1902, leaving as her heirs at law her husband and the plaintiffs, her brothers and sister. Thomas Brown was appointed administrator of her estate and on a petition filed by him setting forth the fact that the declaration of homestead was filed on the property by Alice Brown in her…