Dorn v. Howe

         OPINION          By the Court:

         The defendant was not residing on the premises in controversy at the time the declaration of homestead was filed. An actual residence thereon at the time of the filing of the declaration is required by the statute (Civil Code, sec. 1263). The statute has been so construed here in several cases, the latest of which is Babcock v. Gibbs, (No. 5669) during the present term (ante, page 629).

         Judgment reversed and cause remanded, with directions to render judgment for the plaintiff in accordance with the prayer of the complaint.