Gaschlin

This is an appeal from a judgment in favor of the defendant in person and as executor of the will of Karl Theodore Schuppert, deceased, in an action by the plaintiff to quiet title to a certain piece of real estate against said defendant and said estate. The court granted a motion for nonsuit at the close of the plaintiff’s case, basing its action in doing so upon its conclusion from the plaintiff’s testimony that the deed from said Karl Theodore Schuppert to the plaintiff, on which he relied to establish his ownership of said property, had never been delivered to him.

The facts of the case, as shown by the plaintiff’s testimony, may be briefly summarized as follows: Karl T. Sehuppert had for some years prior to December 6, 1911, been and on that date was the owner of a house and lot on Waller Street, in San Francisco. He and the plaintiff had been on friendly terms for a number of years, and the latter had done for the former, who was the older man, many little kindnesses. On the sixth day of December, 1911, Karl T. Schuppert, taking the plaintiff with him, went to the office of a scrivener and there caused a grant, bargain, and sale deed of said premises to be made to the…