Oaks

Action to quiet plaintiff’s title to lot 4, block 105, in the city of San Luis Obispo.

The allegations of the complaint, which is in the usual form, but not verified, are denied by the answer, and defendant by her cross-complaint avers title to the lot in question in herself, and asks that her title thereto be quieted against plaintiff. Plaintiff answered the cross-complaint by a general denial, and afterwards, by leave of the court, filed a supplemental answer thereto, in which he sets up a declaration of homestead on said lot, made by him after the commencement of this action. At the trial plaintiff abandoned his complaint, and the case was tried by the court upon the cross-complaint, *67 answer, and supplemental answer thereto, and judgment given in favor of the defendant.

This appeal is taken by plaintiff on the judgment roll, with a bill of exceptions.

It appears that plaintiff, who is the husband of defendant, purchased with community funds certain real property in the city of San Luis Obispo, on which he with his family were actually residing when the defendant filed her declaration of homestead thereon. Afterwards, on January 11, 1886, plaintiff conveyed to defendant by…