Gleason v. Spray

Gibson, C.

Ejectment to recover certain lots in the town of Alturas, Modoc County. Trial before the court without a jury; judgment for defendants, from which and an order denying a new trial plaintiffs appeal.

The court found and adjudged that the principal instrument, in the form of a deed absolute, relied upon herein for a recovery was intended and accepted as a mortgage; and that the same, having been executed by the husband alone while the property in controversy was a homestead, was void and of no effect.

The defendant J. D. Spray, while the owner of and residing with his wife upon the…