Broadwell

This action, involving certain lots situated in San Pedro, California, was tried with the case of Anderson v. Broadwell, ante, p. 130 [ 6 Pac. (2d) 260 ], this day decided. Much of the opinion in that case applies equally to this case. The facts are largely the same with the two exceptions that no deed reconveying this property to Anderson was produced at the trial, and that certain evidence in relation to the conduct of the parties applies only to this case.

This action was brought by Helen L. Broadwell in the usual form of an action to quiet title. August Anderson answered, admitting that the plaintiff was the owner of an undivided one-half interest in the property, denying her title to the other half and alleging title in himself to that portion of the property. In a separate defense he alleged ownership of the property in 1917, and conveyance of the same to W. B. Broadwell on the agreement that Broadwell would pay off existing encumbrances and reconvey a half interest to him. He also alleged the construction in 1924 by himself and Broadwell of a building on the lots, and that the cost thereof was paid by them from their joint funds. He further alleged an agreement between…