Hutchinson

Ejectment. Judgment for defendants upon demurrer to the complaint. Plaintiff appeals. The complaint alleges:—

“1. That one Charles C. Hutchinson, late of the city of Oakland, county of Alameda, state of California, deceased, was at and before his death the owner, and seised in fee and possessed, of that certain piece or parcel of land situate, lying, and being in the said city of Oakland, county of Alameda, state of California, described as follows, viz.:— ....

“2. That on or about the second day of June, 1878, the said Charles C. Hutchinson died, having by his last will and testament devised to the plaintiff the said land and premises; that said will was, by an order duly given and made on the twenty-ninth day of June, 1878, by the late probate court of the county of Alameda, admitted to probate.

“ 3. That said property was, prior to and at the time of his death, the homestead of the said Charles C. Hutchinson, deceased, and Esther C. C. Hutchinson, his wife, and was selected from the separate property of the decedent without his consent; that the declaration of homestead was duly recorded in the office of the county recorder of said county of Alameda on or about the tenth day…