Russell-, J.
The plaintiff in error, having proved, that the property levied upon had been exempted and was included .in a “pony” homestead set apart to her under the provisions of section 2866 of the Civil Code of 1895, was primarily and prima facie entitled to the exemption; and there being no evidence that she was not the head of a family, the justice of the peace erred in adjudging the property to be subject to the fi. fa. The certiorari should have been sustained.
Judgment reversed.