Boggs

This is an appeal by defendants from a judgment for plaintiff entered on her complaint for declaratory relief.

At the time of the marriage of Prank S. Boggs and Edwa D. Ewing Boggs on October 17, 1928, the husband owned, as his separate estate, certain real property located in Stockton and known as the Eden Square Apartments, together with the furnishings and equipment therein. During the month of November, 1936, Frank S. Boggs, in order to obtain a loan from the Reconstruction Finance Corporation to enable him to repair certain damage to the property, caused to be formed a corporation known as the Eden Square Corporation. On November 10, 1936, the company so formed executed and delivered to the R.F.C. its promissory note in the principal sum of $125,000 secured by a deed of trust on said real property. One thousand and seventy-two shares of stock of said corporation were issued to Boggs, and one share each to Edwa D. Ewing Boggs and Frank S. Boggs, Jr. No consideration was paid for the share held by plaintiff. Boggs and his wife also executed and delivered to the mortgage company their individual guarantee of payment of said obligation. During the month of December, 1938, the…