Patterson

One of the defendants only appeals from the judgment, by which it was decreed that the p1a.i-nt.iff owned two pieces of property in Los Angeles, with a direction that conveyance should be executed by each of the two defendants of the properties to the plaintiff. Judgment followed the trial in which an advisory jury was impaneled to try the principal issues presented by the pleadings.

The plaintiff sued her husband and the appellant, alleging that she was the owner of the properties designated, respectively, “the apartment house” and “the bungalow” properties, which, by the fraudulent practices of her husband, she had been induced to convey to him and which, he in turn conveyed to the appellant, who, it was alleged, was. not a bona fide purchaser without notice. [1] The complaint was verified. The husband’s answer was hot verified, and, therefore, under the law, it constituted an admission on his part of the fraud practiced by him upon his wife. His co-defendant, the appellant, answered, setting up ownership of the properties in herself and denying substantially all the facts upon which the plaintiff relied for recovery. As to each of the properties specific interrogatories were…