Pfister v. Dascey

Searls, C.

— This is an action of ejectment to recover some forty-five acres of land in Santa Clara County.

Defendants had judgment, from which and from an order refusing a new trial plaintiff appeals.

Plaintiff’s title is based upon a constable’s deed of the *573premises, executed pursuant to a sale under execution levied thereon February 19, 1879.

Defendants (husband and wife) claim that the premises at the date of levy of the execution were, and ever since have been, their homestead, by virtue of a declaration of homestead, executed, acknowledged, and duly filed for record on the tenth day of…