Sanders

Judgment went for defendant on demurrer to the complaint. The only question on this appeal is, whether the complaint states facts sufficient to entitle the plaintiff to maintain the action. James and Mary *120 W. Lansing were husband and wife. The premises described in the complaint were their community property, duly dedicated as a homestead. James Lansing died, when the premises' became the sole property of Mary W. Lansing by operation of law (Civ. Code, sec. 1265), and was protected as such to the survivor in the same manner as before it had been protected to the community by its homestead character. (Estate of Ackerman, 80 Cal. 208 ; 13 Am. St. Rep. 116 .) The death of the husband did not in any manner alter the state or character of the homestead (Tyrrell v. Baldwin, 78 Cal. 470 ), but upon his death the property immediately vested in the surviving wife. (Mawson v. Mawson, 50 Cal. 539 ; Estate of Headen, 52 Cal. 295 ; Gagliardo v. Dumont, 54 Cal. 496 ; Herrold v. Reen, 58 Cal. 443 .) The property having thus vested and being thus protected, this plaintiff, on April 9, 1885, recovered a judgment against Mary W. Lansing, for $5,238.75. September 30, 1885, he caused execution to…