King

This was an action to quiet title and, as stated by appellant, the only question raised upon the trial was whether or not a certain deed executed on the second day of November, 1909, by Sarah Fragley to her husband, Martin Fragley, operated as a valid transfer and whether it was delivered or not. The trial court found that said deed was prepared by an attorney employed by the grantee, “and on November 2, 1909, at the said home of Fragley and his wife, and in the presence of John C. Quinlan, Charles A. King, one of the executors named in the will, and Hamilton Bauer, a notary public and attorney at law, said Sarah executed said deed, acknowledged the same before said notary public, and then and there freely and voluntarily physically handed to, and delivered to, said Martin Fragley her said deed, so executed and acknowledged, conveying back to him said ‘San Leandro property,’ saying to him in substance, ‘Here, papa, is the deed you want. ’ . . . That it was intended by said Sarah Fragley when she delivered to her said husband, Martin F. Fragley, on November 2, 1909, said deed of November 2, 1909, conveying back to said Martin said ‘San Leandro property, ’ that said deed was to be…