Farnham

This is an action to quiet title and to establish a lost deed. Judgment was rendered for the plaintiff, from which defendant appeals. The execution and delivery of the deed in controversy and the existence of a consideration therefor are conceded 'by appellant, but it is insisted that there was no sufficient proof of the contents or character of the document to warrant its restoration. The evidence as to these matters may be summarized as follows:

Robert M. Ford testified that he was an attorney at law; that Mrs. Huston; the grantor in the disputed deed, and Mr. Farnham, the grantee, came to his office together the day before the execution of the deed; that Mrs. Huston then stated that she wished to have a deed made out to Mr. Farnham of certain property in East Oakland, and then left with the witness a copy of the deed to herself of the property referred to “for me to get the description”; that, on the afternoon of the same day, he personally typed the deed by filling in the blank spaces on “one of the ordinary ‘Hardy’ forms of bargain and sale deed,” which he had in his office; that he was sure it was a bargain and sale deed, and, to the best of his recollection, he used the…