McKinnell

The attorney for appellants opens his brief with the statement that this is an appeal from a judgment denying the relief prayed for in the cross-complaint of appellants. He says that the cross-complaint alleged that the property described therein was the community property of appellants, and that appellant Hettie Hansen executed deeds thereof to the respondent; that appellants asked to have the deeds set aside and canceled, or that the respondent be declared a constructive trustee for appellants on certain grounds stated. The brief then proceeds to argue the following propositions: (1) That the finding that Hettie Hansen did not execute the deeds because of fear of arrest or immunity from arrest is not justified by the evidence. (2) That the finding that respondent did not have actual notice that the property was the community property of Hettie Hansen and H. P. Hansen is not supported by the evidence. (3) That there is no finding of fact, nor does the evidence justify the finding, that respondent was an encumbrancer in good faith and for a valuable consideration, as provided in section 164 of the Civil Code. (4) That the burden of proof is on the respondent to show that she is an…

I concur in the judgment. I am not prepared to agree, however, with the conclusion announced by the presiding justice that on an appeal under the alternative method, to wit, under the provisions of section 953a of the Code of Civil Procedure, it is necessary that the judgment-roll shall be printed. It does seem clear under that section, however, that the judgment-roll should be made a part of the transcript which is certified to by the trial judge. However, as to the printing of the judgment-roll, I gather that our supreme court has taken the view that section 953a docs not contemplate that the roll shall be presented in printed form, but that the same may be typewritten. I refer to subdivision 2 of Rule VII, prescribing the form of transcripts which are to be presented under the so-called alternative method. In that part of the rule to which attention is directed the court has declared that transcripts on appeal prepared under the method referred to “must be typewritten and the paper and the backs for binding the same must not exceed ten inches in length and eight inches in width, . . . The papers constituting the ordinary judgment-roll, are here designated as the ‘Clerk’s…