Weber

The plaintiff sued the defendant to recover possession of a certain tract of land. Judgment was given for the defendant in the court below, and the plaintiff appeals on the judgment-roll and a bill of exceptions containing the evidence.

The main defense is that the title, of the plaintiff was acquired solely by purchase and conveyance to him from certain trustees at a sale of this and other tracts of land, made by them under a deed of trust of the lands, executed to them by'Charles McCleverty, the husband of defendant, giving them power to sell the lands, in default of the payment of a debt owing to the Humboldt Savings and Loan Society, and apply the proceeds in payment upon the debt; that after the execution of the deed of trust, and while she and her said husband were residing on the tract sued for, she recorded a duly executed declaration of homestead thereon, it being community property; that thereafter, and before the trustees’ sale, her said husband died, she became executrix of his estate, was duly appointed and qualified, and that no claim against the estate of said deceased for the debt secured by said deed of trust was ever presented to the executrix of the estate. It…