Quackenbush

This is an action to foreclose a mortgage dated December 8, 1887, executed by Hugh Boyle, now deceased. Defendant Carmelita Natividad Boyle is the widow of Hugh Boyle, and was the wife of the decedent at the time of the execution of the mortgage, April 29, 1872. She, being then the wife of Hugh Boyle, made a declaration of homestead, which was in due form and properly acknowledged and duly filed for record in the recorder’s office of Marin county, where the property is situated, in which the mortgaged premises were claimed as a homestead. The mortgage was executed by the husband alone, and defendants now claim that it is void.

Plaintiff contends that the premises were not impressed with the character of a homestead, because,

1. The declaration, though duly filed for record, was not recorded; 2. It does not particularly describe the premises; and, 3. The declaration does not state that it was the intention of both husband and wife to claim the premises as a homestead, but only that it was the intention of the declarant (the wife) to claim such exemption.

Appellant also claims that,

1. That he was a purchaser for value without notice; 2. That the court erred in not permitting…