Bond

This action to quiet title was begun on June 4, 1907, by the plaintiff Mary Bond against W. C. Aickley, James Miller, and Lydia A. Larue individually and as the administratrix of the estate of James Larue, deceased. On September 1, 1909, Aickley made a deed of the property in controversy to Irving E. Smith, after which Aickley died, and his widow Ruth, who had become his administratrix, and Smith, his grantee, were substituted in his stead as defendants. From the judgment in favor of the plaintiff, Smith appeals.

The action was once before appealed to the supreme court and reversed by that court (Bond v. Aickley, 168 Cal. 161 , [ 141 Pac. 1188 ]). At the time of the first trial, from which that appeal was taken, none of the parties attempted to deraign title from any paramount source. Reference may be had to" the opinion of the supreme court in that case for the facts as they appeared in the record at that time.

On the second trial the defendants attempted to show" a paramount title derived by William C. Aickley subsequent to his deed to Annie Bond. This attempt was based upon two deeds to the property executed the one by Lydia A. Larue upon April 2, 1907, purporting to convey…