Comerford

This is an action to set aside and annul an order of the superior court of Sonoma County designating and setting apart a homestead to the defendant Sarah, as the widow of Richard Comerford, deceased, on the alleged ground of fraud in its procurement.

The court sustained a general demurrer to plaintiff’s complaint, and as plaintiff declined to amend, gave judgment for the defendants.

The plaintiff appeals from the judgment, and contends here that the court erred in sustaining the demurrer.

The complaint shows that on August 11,1888, Richard Comerford and the defendant Sarah, being husband and wife, executed a written agreement, as follows: —

That this agreement had been duly acknowledged and recorded in the counties of Sonoma and Alameda; that upon the execution of this agreement the parties thereto immediately separated and never again lived together. The wife, with her minor son,—the defendant Philip, — removed to Alameda County upon the lots described in the agreement as being there situated, and continued to reside there until after the order in question, setting apart to her a homestead, was made, and never, after the execution of said agreement, asked or received any…