Apprate

This is an action to quiet title to a certain' tract of land. The defendant Faure in his answer claims an interest therein. Judgment went for the defendant, from which, and from an order denying the motion for a new trial, this appeal is taken. Plaintiff should recover in the action unless defeated by reason of the claims of defendant founded upon s’ homestead.

The defendant rested his case upon the introduction in evidence of a declaration of homestead duly filed for record and containing all the recitals demanded by the statute, coupled with the additional evidence found in the stipulation of counsel’ to the effect “that there was a homestead filed on the premises in dispute by Mrs. Marguerite Belard for the benefit of herself snd husband, and that the mortgage by F. Belard was executed and is a lien upon said premises.” Based upon this stipulation and the declaration of homestead, the trial court made a finding of fact to the general effect that said premises constituted the homestead of Marguerite Belard and F. Belard. It is now insisted that this finding of fact has no support in the evidence, and this position of counsel is well taken. The recital of the facts stated by the…