Williston

From a judgment which was rendered against the plaintiffs in a suit to cancel a deed on the ground of lack of delivery thereof, this appeal was perfected. The only problem which is involved on this appeal is whether the deed in question was delivered by the grantors with the present intention of conveying title to the real property therein described.

The plaintiffs are husband and wife. It was stipulated the plaintiff, E. S. Williston, was the owner of the property which is involved in this suit. It consists of a ten-foot strip on the westerly side of lot B of the Williston Tract No. 2, in Yuba City, which that city desired to secure for the purpose of widening a street therein. It appears that Mr. Coats, of the law firm of Rich, Weis, Coats & Carlin, was the city attorney of Yuba City. Mr. Weis, of that firm, had previously acted as the attorney for the plaintiffs in other legal transactions. The city proposed to widen a street which required a ten-foot strip from the westerly side of plaintiffs’ property. Mr. Coats had previously talked with Mrs. Williston regarding the necessity of acquiring the land and requested plaintiffs to convey that strip of land as a gift to the city.…