Weinreich

The plaintiff seeks by this action the foreclosure of a mortgage upon two hundred and twenty-nine acres of land belonging to the estate of Calvin P. Hensley, deceased, executed to him by the defendant Mary A. Hensley, as executrix of the last will and testament of said decedent, under an order of the superior court therefor, made by virtue of the provisions of sections 1577 and 1578 of the Code of Civil Procedure. The tract of land was the separate property of the deceased, and he and the said Mary A. Hensley were husband and wife, and resided thereon with their family up to the time of his death, and since his death the family has continued to reside upon the land. In the year 1881, and again in 1884, Mrs. Hensley filed and caused to be recorded a valid declaration of homestead upon the premises, but her husband did not join in either declaration, and never made any declaration of homestead. June 2, 1888, Mr. and Mrs. Hensley made their promissory note to the plaintiff herein for the sum of $6,000, and executed to him a *651 mortgage upon said tract of land as security for its payment, and on August 22, 1888, they made to him another note for $2,000, which they secured by another…