Homestead—Modes and Incidents Statutory.—The mode in which a homestead is to be created, as well as the legal incidents which attach to its existence, are purely statutory.

Id.—Declaration by Head of Family—Eights of Wife not Named.— A declaration of homestead by one who declares that he is the head of the family, and that his family consists of himself and four minor children, and following the statute in other respects, is sufficient to impress the land with the incidents of a homestead, including exemption from forced sale, and if the husband is in fact a married man, and the property upon which the homestead is declared is community property, the husband cannot make a valid mortgage upon the homestead which is. not executed by both husband and wife.

Id.—Contents of Declaration—Membership of Family.—A statement, by the declarant of a homestead that he is the head of the family is a statement of the ultimate fact required by the statute, and he is not. required to state in the declaration whether he is married or who are-the members of his family, and the statement or omission of those facts, does not impair the sufficiency of the declaration, or prevent its inurement to the benefit of his wife.

Id.—Insanity op Wipe.—The fact that the wife is insane cannot deprive her of the benefits of the homestead, or give to the husband any greater interest in the estate, or authorize him to encumber it, except in the mode provided by statute.

Id.—Effect of Declaration—Notice of Rights.—The filing of a declaration of homestead for record is a notice to all who may thereafter deal with the property that, if the declarant is a married person, the homestead cannot be conveyed or encumbered unless the instrument is executed or acknowledged by both husband and wife, and the record of the declaration is a sufficient notice to all persons to put them upon inquiry as to the rights of the wife, and, if they fail to make such inquiry, the loss should fall on them rather than on the wife.

Id.—Execution op Mortgage by Woman Falsely Described as Wife —Wipe not Estopped.—No statement or act of the husband alone can obviate the necessity of the wife uniting in the instrument of conveyance or encumbrance of the homestead, or deprive her of her estate in the community property upon which it is declared; and the fact that the husband procures another woman who is described as his wife to unite with him in the execution of the mortgage, cannot serve as a protection against the claim of the wife, or estop her from denying the validity of the mortgage.

Foreclosure op Mortgage—Creation op New County—Jurisdiction. The constitution only requires actions for the enforcement of liens to be commenced in the county in which the real estate or some portion thereof is situated, and, where a new county is created after the commencement of the action in which the property affected by the .lien is Situated, the change of the place of trial is not an element going to the jurisdiction of the court, but is a matter of legislative regulation, and is to be determined by the terms of the act providing for the organization of the new county.

Id.—Mortgage -on Homestead—Intervention by Insane Wife—Guardian ad Litem—Power of Court.—In an action to foreclose a mortgage upon the homestead, an insane wife who has an interest in the matter in litigation, and in the success of the husband who pleads the homestead, may be permitted by the court to intervene as a party to the action, and must appear either by general guardian or by guardian ad litem; and the court has the same authority to appoint a guardian ad litem for her before the filing of her complaint, that it has to appoint a guardian ad litem for an infant plaintiff before an action is commenced.

Id.—Appointment op Guardian ad Litem—Pleading—Proof of Insanity—Review upon Appeal.—The appointment of a guardian ad litem for an insane person who intervenes in the action is a traversable fact, which must be alleged in the complaint in intervention; and, where there is no record of the evidence of insanity upon which the appointment is made, no objection to the competency or sufficiency of the proof of insanity to justify the appointment can be considered upon appeal.

Id.—Judgment against Husband.—In an action to foreclose a mortgage on a homestead to secure a note executed by the husband a judgment that the plaintiff take nothing by his action is not proper, but the plaintiff is entitled to judgment upon the note against the husband, if the execution of the note is not denied by him.