Volquards

An action to determine an adverse claim to certain real property, situated in the city of San Francisco.

Judgment passed for the defendant, and the plaintiff submits this appeal from said judgment and from the order denying his motion for a new trial.

The only point made by the plaintiff is that the findings are not justified or supported by the evidence.

The land in controversy, which consists of a building lot, was, by a grant, bargain, and sale deed, conveyed to the plaintiff and his wife, Lillian Volquards, by one Wallace Bradford and his wife on the ninth day of February, 1907.

After the conveyance of said property as above stated, Lillian Volquards died, leaving a last will and testament, whereby she disposed of all her separate estate, among which was an undivided one-half interest in the real property in dispute. The defendant was named in said last will and testament as the executor thereof.

The plaintiff makes the claim that the real property involved in this issue was, at all times, his separate estate, having been entirely paid for by him from his separate funds, and that the claim of the defendant, as the executor of his deceased wife’s testament and estate, to…