Sunkler

Action to recover the value of a certain crop of grapes grown upon land claimed hy plaintiff to be a homestead. On June 19, 1895, plaintiff recorded his declaration of homestead upon certain farm land in Napa county; June 28th he was adjudged insolvent upon his own petition; August 19th he petitioned to have a homestead set apart to him in the insolvency proceedings; on September 23d the petition was heard and the court found that the premises were, of greater value than five thousand dollars, and that Sunkler was entitled to have a homestead set apart to him of value no greater than five thousand dollars; and three appraisers were appointed to appraise and admeasure the premises; that they made report November 26th, setting apart certain two hundred acres, including the dwelling, valued by them at five thousand dollars, but “the crop had been removed and did not enter as a factor in such valuation”; and on December 30th the court entered its decree confirming said report, “awarding and setting apart, to said insolvent, as a homestead, the land and premises thus admeasured”; that on June 28th aforesaid “a crop of grapes had just formed and commenced to grow on the grape vines then…