Hutchinson

Ejectment. Judgment for defendants upon demurrer to the complaint. Plaintiff appeals. The complaint sets forth a deraignment of title, and then alleges that “while the plaintiff was the owner, and entitled to the possession, as hereinbefore mentioned and set forth,” the defendant entered, etc. From the manner in which this statement as to ownership is put, it is evidently a mere conclusion, referring to, and limited by, the deraignment, and is therefore to be disregarded: Turner v. White, 73 Cal. 300 , 14 Pac. 794 ; People v. Reed, 81 Cal. 70 , 15 Am. St. Rep. 22 , 22 Pac. 475 .

*210 Then, does the. deraignment show a right of recovery in the plaintiff? The facts alleged are in substance as follows: In May, 1878, one Esther C. C. Hutchinson, who was the wife of Charles C. Hutchinson, declared a homestead upon the property in controversy, which was the separate property of the husband. In the following June the husband died, leaving a will, which was admitted to probate, and by which the property was devised to the plaintiff. In April, 1880, the proper court made an order “setting off said homestead to Esther C. C. Hutchinson, surviving widow of the decedent.” In 1881 the widow…