Watt

Plaintiff brought this action to quiet title to an undivided one-half interest in a tract of land situate near the town of Sonoma, in Sonoma County, and also to cancel a deed made in 1923 by Sarah Ellen Watt, as grantor, to defendant Octavia Copeland, as grantee.

The case was tried by the court sitting without a jury, and judgment was rendered quieting the title of defendant Octavia Copeland in and to said undivided one-half interest in said land, and canceling a deed made in 1911 by Sarah Ellen Watt, as grantor, to plaintiff, Richard L. Watt, as grantee. From this judgment the plaintiff prosecutes this appeal.

The facts are briefly these: Richard L. Watt, Sr., was the husband of Sarah Ellen Watt and the uncle of plaintiff and appellant and the owner of the entire tract of land in question. The property was community property. Richard L. Watt, Sr., died testate in 1889, and his estate was probated and this land distributed as follows: An undivided one-half interest to appellant Richard L. Watt, Jr., subject to a life estate therein to Sarah Ellen Watt and the remaining undivided one-half interest to Sarah Ellen Watt in fee simple. Following the death of Richard L. Watt, Sr.,…