Sears

Action brought to determine conflicting claims to real property. Plaintiff and defendants deraign their asserted title from one Elgin L. McBurney as a common grantor. In July, 1898, James Story was indebted to the law firm of McBurney & McBurney, all of the parties being residents of New York City, on account of legal services rendered to him by said firm. Not being able to satisfy the debt in cash at that time, Story stated to the McBurneys that he owned some lots in California valued at about $100 and that he would give a deed to that property in payment for the services, which he did. It was agreed between the parties that if Story should pay the amount due from him on account of attorney’s fees within a year the real estate would be deeded back to him, and a deed of reconveyance was then prepared and placed among the office files of McBurney & McBurney to be delivered to Story within a year if he should satisfy the condition of payment. The deed from Story was made to Elgin L. Mc-Burney as grantee. In the month of September, 1900, Story paid the amount which had been owing from him to the firm of McBurney & McBurney to H. D. McBurney, a member of the firm, who thereupon…