Simonson

The plaintiffs in this action at all the times named in the pleadings therein were husband and wife. On April 6, 1891, the real property involved in the action was conveyed by deed to the wife, Bengita Simonson. On December 3, 1892, the plaintiffs jointly executed, acknowledged, and filed for record a declaration of homestead upon the said property. The declaration stated that: “We, Espen Simonson and Bengita Simonson, hereby certify and declare that we are husband and wife, and that we do now, at the time of making this declaration, actually reside on the land and premises hereinafter described. That the land and premises on which we reside are situate in the county of Los Angeles, state of California, bounded and described as follows [then setting out the description]. That it is our intention to use and claim said land and premises, together with the dwelling-house thereon, and we hereby do claim the same as a homestead. That the actual cash value of said property we estimate to be four thousand dollars. In witness whereof we have hereunto set our hands, this third day of December, 1892.”

On June 30, 1893, the defendant, George H. Emery, recovered a judgment in the superior…