Auener

The plaintiff brought this action to quiet title to certain lots in the town of Monrovia, Los Angeles. The complaint is in the usual form, merely alleging the plaintiff’s ownership and that defendant, without right, claims an interest in the property. The answer consists of a denial of the allegations of the complaint and of a claim of ownership in the defendant. The findings of the court were to the effect that the plaintiff is not the owner of the property. Judgment was entered in favor of the defendant, from which the plaintiff appeals.

The evidence shows that the plaintiff was the husband and the defendant the mother of Osa W. Auener; Osa W. Auener died June 16, 1916; for some time prior to her death Osa W. Auener held the legal title to the lots in question, they having been deeded to her by Mrs. Marsh and her husband by a grant, bargain, and sale deed; just prior to her death Osa W. Auener executed a grant, bargain, and sale deed of the lots to her mother, the defendant herein, and it is under this deed that she claims.

It is the plaintiff and appellant’s position that, while the record title to the lots was in his wife, they were community property, having been purchased…