Thomson

Action to quiet title to real property situated in the city and county of San Francisco. The complaint is in the usual form of actions of that type. The defendant answered and alleged that he was the owner of an undivided one-fourth of the real property of which the plaintiff claimed to be the sole owner. In addition to his answer, he filed a cross-complaint making the plaintiff a cross-defendant, and bringing in and making a party to said action, Retta Tuttle Thomson, the mother of the plaintiff and defendant, the two parties named in the original complaint being brothers. In his cross-complaint, the de fendant claimed that under a verbal agreement with his mother on or about the 25th day of July, 1925, in consideration of certain monthly payments to be made by him to his mother, he “would then and there and from said aforementioned date, have a one-fourth (¼) interest”, subject to a life estate to his mother, in the real property described in the complaint. He further alleged that, after the making of said agreement, he and his mother resided on said land as their home until the mother conveyed the whole of said real property to the plaintiff, who thereafter ejected defendant…