Prey

Action to quiet title to a parcel of land in the city and county of San Francisco. Plaintiff is the wife of one Oscar Prey; defendant is her brother; she claims title through Mary J. Stanley, the mother of herself and defendant, in virtue of a deed of the premises executed to her by said Mary J. Stanley, February 29, 1892, in consideration of love and affection. Judgment was for plaintiff.

1. On November 29, 1892, plaintiff filed in the recorder’s office a declaration of homestead on the premises for the joint benefit of herself and her said husband; this action was begun June 15, 1893; it is alleged in the complaint that the land in question is plaintiff’s separate property. Appellant maintains that there is a defect of parties in that said Oscar Prey should have been joined with his wife as a plaintiff (Code Civ. Proc., sec. 370); the ground assigned for this view is that upon the declaration of the homestead the land ceased to be her separate property and became the joint property of herself and her husband. Conceding, for present purposes only, that the declaration of homestead transmuted the title into a joint tenancy, as claimed by appellant, it is yet not perceived that…