Gaylord

On September 24,1891, the defendants were husband and wife and were residing on a tract of land in Nevada County. On that day the husband, Henry M. Place, executed in proper form and caused to be recorded a declaration of homestead on the said land, in which he stated that he estimated the actual cash value of the property to be fifteen hundred dollars.

On October 10, 1891, Place filed in the superior court of Nevada County his petition in insolvency, properly verified and stating the necessary facts, and having annexed thereto the schedule and inventory required in such eases; and thereupon an order was made by the court adjudging the petitioner to be an insolvent debtor, and fixing November 16,1891, as the time for the creditors of the debtor to meet and prove their- debts and choose an assignee of his estate. A copy of this order was duly published and served by mail on all the creditors named in the schedule.

On October 26, 1891, the insolvent presented to the court and filed his petition, asking that the premises described in his declaration of homestead be set apart for his use and benefit as a homestead, and thereupon the court, on the same day and without any notice…