| Cal. | Jan 5, 1884
The appeal in this case is from an order setting apart a homestead, and from an order refusing a new trial. The order setting apart the homestead was made and entered June 27, 1883; the notice of appeal was served September 18, 1883, more than sixty days after the order was made. (§ 1715, Code Civ. Proc.; Estate of Harland, 64 Cal. 379" court="Cal." date_filed="1883-12-24" href="https://app.midpage.ai/document/home-loan-assn-v-wilkins-5441494?utm_source=webapp" opinion_id="5441494">64 Cal. 379.) The appeal from this order is therefore dismissed.
As to the appeal from the order denying motion for new trial, it would, doubtless, be competent for a court sitting in probate to examine into the title to a given parcel of the real estate mentioned in the 'inventory as a basis for the exercise of its discretion in selecting one parcel or the other as a homestead; but,
Sharpstein, J., and Thornton, J., concurred.