Mathews

This action is brought by H. O. Mathews and Mary H. Mathews, his wife, to quiet their title, to obtain a decree that a certain agreement is a cloud upon their title to a lot of land by them owned and possessed, situate and being in the city of Stockton, county of San Joaquin, and to cancel and annul such agreement.

Plaintiffs had a decree as prayed for, from which and from an order denying a motion for a new trial the defendant, Josephine Eltinge, appeals.

*204 The facts as found by the court are not assailed for want of evidence in their support, by the brief of appellant .

They are too lengthy to be reproduced here, but may be epitomized thus:

1. Plaintiffs are, and since a date prior to July 16, 1875, have been, husband and wife, and have resided upon, owned, and occupied the land described in the j complaint.

2. On the sixteenth day of July, 1875, the plaintiffs made their declaration of homestead, in due form as by law required, acknowledged, filed, and had the same recorded, have never abandoned, and still retain, the same as a homestead.

3. On the first day of August, 1878, plaintiffs and J. T. Davis, one of the defendants, and who made default herein, signed and…