Farnum

The complaint was in the usual and ordinary form in an action for determining conflicting claims to real property. The defendants by their answers denied plaintiff’s ownership and possession of the property, and alleged that she was a married woman, the wife of one N. C. Farnum; that the premises described were property of the community, and that defendants had acquired title thereto by virtue of a sheriff’s deed, executed pursuant to sale upon execution based upon a judgment in favor of defendants and against the husband. The court found in favor of plaintiff upon all of the issues. The sufficiency of the evidence to support the findings is not questioned; at least, there are no specifications of error in relation thereto. In any event, the findings have ample support.

Upon the trial, plaintiff introduced in evidence a deed, dated in 1902, which conveyed to her the premises described. It was admitted that she was a married woman at the time and the wife of N. C. Farnum. The presumption that the premises so conveyed were her separate estate attached under section 164, Civil Code. Proof of the vesting of the legal title carried with it the right of possession. There is no evidence…