Kinney

This is an appeal by the interveners from a judgment against them. The plaintiff and defendant are husband and wife, between whom divorce proceedings were pending at the time of the trial of this action. The plaintiff George F. Kinney commenced an action against the defendant Susan Jane Kinney, alleging that on December 7, 1920, he had deeded to her certain real property in the city and county of San Francisco with the understanding that the said deed should not be recorded nor become operative unless plaintiff died or became seriously ill, and with the further understanding that said deed should be kept in a tin box in the home of plaintiff and defendant and accessible to both parties and that plaintiff might destroy said deed at any time if he so desired; that said deed remained in said box as agreed between the parties until July 28, 1922, when the defendant abandoned and deserted the plaintiff and in violation of said agreement between them caused said deed to be duly recorded. It was prayed that said deed be declared void and that the title to said property be declared vested in plaintiff.

Defendant answered and denied that any agreement, as alleged, was entered into between…