Belser

This is an appeal from a judgment for the defendant in an action wherein plaintiff sought to obtain possession of an unrecorded deed of gift executed by his father, Julius Henry Belser, and found after the latter’s death in a safe deposit box. The sole question involved is whether said deed was delivered by decedent to appellant.

Stripped of unnecessary minutiae, the facts are: During the month of April, 1925, appellant and his wife, Mary E. Belser, decided to purchase certain real property situate in the county of Alameda and described as lot 26 in block lettered “F”, Lakewood Park, city of Piedmont. The purchase price of said property was $7,750, of which amount Julius Henry Belser paid $7,000 and appellant $750. Julius Henry Belser took title in his name and immediately thereafter appellant and his wife were given possession of and lived on the premises until Christmas, 1926, when marital differences arose resulting in a divorce. Shortly thereafter appellant moved to Honolulu, while his wife continued to occupy the property until the death of Julius Henry Belser, which occurred on April 18, 1930. When decedent’s safe deposit box was opened there were found therein the gift…