Reynolds

Mr. Justice Terry concurred.

The record in this case shows that the premises in question were formerly held by appellant as joint tenants, together with one Teed, and that the appellant lived on a portion of said lot with his family, until his residence was destroyed by fire. Afterwards he boarded with his family at a hotel in the city of Marysville. After the fire, the appellant and Teed divided said lot, and he (the appellant) proceeded to erect *167 upon the half formerly occupied by him, a building, designed for stores and offices, and executed several mortgages upon the lot for materials and money to erect said building. Some time after the erection of the house, he and his wife occupied several of the rooms on the second story, and now seek to maintain a right of homestead in the premises.

In Davis and Wolf v. Fleishacker, 5 Cal., we decided, that lands held in joint tenancy were not subject to dedication for homestead purposes. Under that decision (the soundness of which we are not disposed to question) the appellant, though living upon the land, was not entitled to a homestead. After the partition of the lot between himself and co-tenants, it became his, subject to the…