Ashley

This is an appeal from a judgment decreeing foreclosure of mortgage and sale of the premises therein described. The questions in' controversy relate to a portion only of the premises, and to the proceedings regarding such portion.

November 17th, 1873, defendant Sarah A. Olmstead, wife of defendant Stephen H. Olmstead, executed and filed in the County Recorder’s office of the County of Santa Barbara, a declaration of homestead upon the portion above referred to. August 1st, 1876, defendant Stephen H. Olmstead executed the mortgage in question, embracing a tract of land which includes the premises declared upon as a homestead. The declaration of homestead contained a description of the premises, and the statement of the declarant “ that I am married, and that I do now reside with my family on the lot of land, * * * and that it is my intention to use and claim the said lot of land and premises, together with the dwelling-house thereon and its appurtenances, as a homestead. And I do hereby select and claim the same as a homestead.” The declaration contains no statement or estimate of the value of the premises. Mrs. Olmstead was made a party to the suit for foreclosure, with the…