Bruce

On April 12, 1889, defendant A. L. Bruce mortgaged the premises described in the complaint, and valued at two thousand dollars, to secure the payment of a certain promissory note executed by him to plaintiff for the sum of five hundred dollars. On April 28, 1890, said mortgage was duly recorded. On April 7, 1890, defendant I. A. Bruce, wife of said A. L. Bruce, who, with her husband and children, were then, and for two years prior thereto had been, actually residing on and using said premises (which was common property) 'as a home, declared a homestead thereon, without any knowledge on her part, if that be material, at the time of such declaration, that they had been previously mortgaged by her husband to plaintiff. In July, 1889, the defendant A. L. Bruce made and filed his homestead application and claim, under the homestead laws of the United States, on certain land adjoining said premises, and in February, 1890, he hauled several hundred feet of lumber on said claim, with which he afterwards built a house thereon, commencing the construction thereof about the 1st of March, and completing the same between the 10th and 17th of April following. On April 17,1890, defendants moved…