Whitcomb

Action to quiet title to a town lot located in the county of Los Angeles. Plaintiff had judgment from which certain of the defendants appealed. There was also an appeal from an order denying a motion for a new trial. This court heretofore dismissed the appeal from the judgment, and we have to consider questions presented by the motion for a new trial.

The appellants are heirs of Mary A. Gaylord, in whom title to the lot in question was absolutely vested in the year 1889. Subsequent to the year referred to said Gaylord became the wife of J. F. Twitchell. On December 3, 1891, she by deed conveyed to her husband four lots of land, which included the lot in question, and thereafter, on December 9, 1891, she died. The surviving heirs were her said husband and five children, among the latter these appellants. The deed given by Mrs. Twitchell to her husband in 1891 was, as to its general form, a deed of grant, with the usual preliminary recitations that the grantor did “give, grant, alien and confirm unto the said party of the second part, and to his heirs and assigns forever, all those certain lots, pieces or parcels of land situate,” etc. A description of the property conveyed…