98 P. 390 | Cal. | 1908
This is an action to quiet title. On August 31, 1899, the defendant was the wife of Timothy Ryan and resided with her husband on the premises described in the complaint, the same being community property. On that day the defendant executed and caused to be recorded a declaration of homestead in due form, claiming the said property as a homestead. Afterwards, on June 20, 1902, the defendant and her said husband executed to the plaintiff a note for $680, and, in order to secure the same, executed to certain other persons, as trustees, a deed of trust to the said property. Thereafter, on December 27, 1902, the said Timothy Ryan died, and in due course of time administration was granted on his estate, and notice to creditors given by the administrator. On March 11, 1904, an order was made in said administration proceeding, setting apart the said property to the defendant as a homestead. Afterwards, and before the commencement of this action, the note aforesaid being due and unpaid, the trustees named in said deed of trust, in pursuance of the power conferred upon them by the terms of said deed of trust, sold and conveyed the property to the plaintiff.
The plaintiff claims title by reason of the deed from the trustees, and the defendant claims that the said deed is void because of the fact that after the giving of notice to creditors and prior to making the sale, no claim for the debt secured by said deed of trust was ever presented for allowance to the administrator of the estate of said Timothy Ryan. It will *556
be seen from this statement of facts that the case comes exactly within the scope of the decision in Weber v. McCleverty,
The judgment is affirmed.
Sloss, J., Angellotti, J., Henshaw, J., and Lorigan, J., concurred.