Neary

This is an appeal from a judgment in favor of the defendants, entered upon an order sustaining a demurrer to the complaint, and the refusal of plaintiff to amend. The demurrer was upon the ground that the complaint did not state facts sufficient to constitute a cause of action, and the facts which were thus claimed to be insufficient to entitle plaintiff to relief were substantially as follows: In 1884, the plaintiff, be *340 ing then the wife of one George Godfrey, and owning the premises described in the complaint as her separate property, united with her husband in a declaration of homestead which was duly recorded. Subsequently an action for divorce was brought by plaintiff against her said husband, and in that action a decree was ultimately entered granting the defendant therein, the husband, who had filed a cross-complaint, a divorce on the ground of the extreme cruelty of the plaintiff. In that proceeding the homestead property was set aside to the husband for the period of ten years, and the language of the decree is as follows: “ Said homestead and homestead right, and the exclusive use and enjoyment thereof, are hereby assigned and' awarded for a limited period, to wit:…