Ions

Action to quiet title. The plaintiff had judgment, and the defendant appeals therefrom, and *265 from an order denying a new trial. The property in question is the northeast quarter of the northeast quarter of section 35, township 14 south, of range 3 west, San Bernardino meridian, containing forty acres, situated iíx San Diego county.

On February 10, 1888, Charles U. Bell, being the owner of said premises, conveyed them to his wife, Mary E. Bell, by a grant deed duly executed, for the consideration of eight hundred and fifty dollars. On October 12, 1888, Bell and wife executed to one Flagg a mortgage upon said land to secure their promissory note for two hundred and fifty dollars, due six months after date, with interest at two per cent per month. On January 28,1890, said Mary E. Bell declared a homestead thereon for the benefit of herself and husband. C. U. Bell’s title was by patent from the United States, dated November 24,1890, and which inured to his wife under his prior grant. All these instruments were recorded at or about their date.

Mary E. Bell died July 1, 1890, seised of said premises, the marriage relation continued to that date, and said land continued to be…