Reid

Action to quiet title to certain property in San Francisco. The plaintiff had judgment, and the defendant appeals therefrom, and from an order denying a new trial.

*522 In 1874 one P. P. Cusick became the owner and invested with the legal title to the property in question. Prior to July 30,1878, Cusick and his wife filed a declaration of homestead upon said .property, and on July 30th he went into bankruptcy, and on August 12th was adjudged a bankrupt, and an assignee was appointed, to whom the register executed an assignment of the bankrupt’s effects on September 2, 1878. This assignment was not recorded in the recorder’s office of the city and county within six months, as required by the Bankrupt Act, nor until April 23, 1885, nor in the office of the clerk of the district court until April 22, 1885.

On the 6th of April, 1885, the assignee, in consideration of the sum of fifty dollars, conveyed the premises in question to the plaintiff, which conveyance was recorded April 23, 1885.

Defendant’s answer denied plaintiff’s ownership and possession, and alleged that in 1881 Cusick and wife executed a mortgage 1o him upon the same premises to secure their joint and several…