Lample

This is an action to quiet title to twenty acres of land. The complaint also states a cause of action for the recovery of money, but the court granted a nonsuit as to that cause of action and it need not be further considered. Judgment was entered quieting plaintiff’s title to the land and the defendant has appealed.

The plaintiff sues as the administratrix with will annexed of the estate of Peter Paulson, deceased. The defendant is the administrator of the estate of Trena Paulson, deceased. The decedents were husband and wife. The land in suit was the separate property of the husband. October 9, 1912, he executed the will referred to, devising and bequeathing all his property to his wife. November 24, 1919, Peter Paul-son signed and acknowledged a deed purporting to. convey the land to his wife “in consideration of love and affection.” February 11, 1921, he rented a safe deposit box at a bank, giving instructions that no one was to have access thereto but “just himself.” March 23, 1922, he died. The deed was in this safe deposit box at the time of his death. Trena Paulson did not file the will for probate, but caused the deed to be duly recorded April 3, 1922. She held…