Mann v. Rogers

By the Court, Crockett, J.:

The facts of this case, as disclosed by the record, are that in April, 1863, the plaintiff resided with his family on a tract of land in Sonoma County, but how he obtained the possession does not appear; that in that month, whilst so residing on the land, he filed his declaration of homestead in due form, which was properly recorded; that in July, 1864, the defendant John Rogers instituted an action of ejectment against the plaintiff' to recover the possession of the land which is the subject matter of this action, and which is a portion but not the whole of the…