DORN v. HOWE

The action is' ejectment; the plaintiff claiming under an execution sale; the defendant claiming that the property was his homestead. The Court filed findings, and the appeal is solely upon the judgment-roll.

The following facts are shown by the findings:

1. In the year 1870, the defendant, with his wife and children, was living upon and occupying as a residence for himself and family the certain premises hereinafter more particularly referred to ; and while so living upon and occupying said premises, the defendant prepared and filed his declaration of homestead upon said premises, and thereafter continued to live upon and occupy said homestead, and in no way relinquished or abandoned the same, or acquired another homestead until he so abandoned and so acquired as in these findings hereafter stated. The premises in question are located in Salinas City, County of Monterey; and the diagram hereto annexed and marked “ Diagram A,” is here found as correctly representing the location of said premises, and said diagram is hereby made part of this finding:

[632]

2. The homestead so recorded described the premises represented on said diagram by lots A and P, and so much of Gabilan Street as is inclosed in dotted lines, and lies immediately north of said lots A and P. At the time of recording said homestead, said Howe was residing in a house located upon what is now Gabilan Street, and at the place represented upon said diagram as “ _l_ .”

3. In the month of July, 1874, the authorities of Salinas City were desirous of opening Gabilan Street and of removing therefrom the house and buildings of the defendant Howe; and arrangements were made between said authorities, and other parties acting with them, by which Howe was to receive a deed to lots B and O, and was to remove his buildings from the site of said Gabilan Street.

[6334]. In pursuance of said agreement, Howe executed and released to said City of Salinas all his claim to the site of said (¡rabilan Street, and further agreed within thirty days- after the date of said agreement to remove all his buildings from said premises, and upon the same day a deed was executed to said Howe of the lots B and O.