Fogler

This is an action to compel the specific performance of a contract to convey real estate. The parties to this action are the children and heirs at law of Alice A. Fogler, who died intestate in San Bernardino County on the twenty-sixth day of October, 1928. During her lifetime she was the owner of a tract of land consisting of 40 acres, which throughout this opinion will be designated as parcel one, and certain real property in the city of Red-lands, San Bernardino County, improved with a dwelling-house thereon, in which she resided at the time of her death and which is designated as parcel two. The deceased was also the owner of a promissory note executed by plaintiff Irving R. Fogler in the sum of $1,000, dated the twenty-third day of August, 1927.

Shortly after the death of Alice A. Fogler the defendant caused to be recorded in the office of the county recorder of San Bernardino County two deeds of conveyance purporting to have been executed and acknowledged by the deceased during her lifetime, conveying to the defendant all of the real property which belonged to decedent during her lifetime. Thereafter and on the tenth day of November, 1928, plaintiff Irving R. Fogler caused…