Cook

delivered the opinion of the Court.

*25 This was an action of ejectment to recover a tract of land lying in Sonoma County.

The facts disclosed by the record are as follows:

Patrick McChristian, one of the defendants, purchased the land in question from one Jasper O’Farrell, on the 7th of October, 1850, and continued to reside upon it with his-family up to a short time before the commencement of this suit, when he sold the premises to one Peter Campbell for the sum of five thousand dollars, and suddenly left the State, abandoning his wife and children, then living on the premises. Campbell afterwards sold to the present plaintiffs, The testimony shows, that at the time and before the purchase, they knew of the residence and occupation of the said premises by the wife and family of said McChristian, No appearance was entered for Patrick McChristian, The other defendants appeared, and disclaimed any interest in said property, with the exception of Maria McChristian, the wife, who appeared and defended, on the ground that the said property was the homestead of herself and family, and, as such, that she was lawfully in possession of the same. Upon the final hearing of the cause, the…