Huellmantel
Huellmantel v. Huellmantel
Opinion
Lead Opinion
Chipman, J.
Divorce. The case was here on appeal once before, and was remanded, with directions that “all that part of the judgment which undertakes to determine and dispose of the real property described in the complaint is reversed, and as to all that part of the judgment the order denying a new trial is reversed and a new trial is ordered.” The decree granting plaintiff a divorce and alimony and counsel fees, and the order refusing new trial as to this part of the decree, were affirmed. (Huellmantel v. Huellmantel, 117 Cal. 407 .) At the time of his marriage with plaintiff defendant Huellmantel was the owner of a certain lot of land in the city of San Francisco. Upon the front part of this lot there is a three-story building which had generally been rented to tenants, and on the rear part :of ihe lot there is a smaller house in which the husband *585 and wife resided. After the marriage, to wit, on April 6, 1889, plaintiff filed a homestead claim upon the whole lot. Defendants Francis and Eosalia Steffen claim ownership of the lot under deed from defendant Huellmantel dated February 14, 1891. Plaintiff alleges in the amended complaint, and the court found, that this deed was fraudulent and…