Beaton

Execution, based upon a judgment recovered by the appellant, Reid, in the justice’s court of the city and county of San Francisco, against the respondent, Elizabeth Beaton, and which had been docketed in the superior court judgment docket of said city and county, was issued by the clerk of said city and county to the sheriff of San Mateo county, and by the latter levied upon the premises in dispute, situate in the latter county, on October 18, 1894, and notice of sale under said execution given.

Subsequent to said levy, but before the sale, on October 26, 1894, the judgment debtor declared a homestead on the premises in due and proper form, and subsequently thereto brought this action to enjoin the sale.

The sole question presented is whether the levy of the execution and the lien created thereby prevented the premises from being impressed with the character of a homestead to an extent to defeat such sale, it being conceded that the judgment itself did not constitute a lien thereon.

The instances and extent in which and to which a homestead is liable to be subjected to the demands of *486 creditors of the homestead claimant are clearly and explicitly provided in the Civil…