Appeal from the Third Judicial District.

The facts are sufficiently stated in the opinion of the Court. The following are the second and fifth sections of the amendatory Homestead Act of 1860, referred to in the opinion:

“ Sec. 2. Such exemption shall not extend to any mechanics’, laborers’ or vendors’ lien, lawfully obtained, but no mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever; provided, that a mortgage or alienation to secure the purchase money or pay the purchase money shall be valid, if the signature of the wife be obtained to the same, and acknowledged by her separately and apart from her husband. Nor shall said homestead property be deemed to be abandoned without a declaration thereof, in writing, he signed and acknowledged by both the husband and wife or other head of a family, and recorded in the same office and in the same manner as the declaration of claim to the same is required to he recorded; and the acknowledgment of the wife to such declaration of abandonment shall he taken separately and apart from her husband ; provided, that if the wife be not a resident of this State, her signature, and the acknowledgment thereof, shall not be necessary to the validity of any mortgage or alienation of said homestead before it becomes the homestead of the debtor.”

“ Seo. 5. All parties entitled to homesteads under the act to which this act is amendatory, shall be entitled to the benefits of the provisions of this act; and such homesteads shall be protected to the same extent and in the same manner as if acquired under the provisions of this act. And no rights acquired under said act shall be lost or in any manner impaired, by reason of any provision contained in this act; provided, that all parties holding and claiming homesteads under the provisions of said act shall have one year, from and after the passage of this act, in. which to prepare and file for record the declaration required by section first of this act; and in making such declaration, it shall not be necessary, in cases where there has been a prior actual occupancy by the family of the homestead, and a subsequent temporary abandonment, to allege the actual residence, at the time of such decoration, on the premises. In case there be no such declaration filed within said period of one year, the homestead shall be deemed to have been abandoned.”