Bone

On the nineteenth day of October, 1923, the plaintiff commenced this action to quiet title to lots numbered 162 and 172 of Burkett Acres Community, according to the official map thereof on record, etc., situate in San Joaquin County. The plaintiff had judgment and the defendant Elizabeth L. Dwyer appeals. The complaint alleges that ever since the second day of September, 1903, the defendants P. J. Dwyer and Elizabeth L. Dwyer have been and now are husband and wife. It appears from the record in this ease that on or about the fifteenth day of July, 1922, an agreement of purchase and sale was entered into between Mrs. Maria E. Lindahl, a widow, the then owner of said lots, and P. J. Dwyer, one of the defendants herein, whereby it was agreed that upon payment of the sum of $1,100 and the assuming by the purchaser of a lien upon said premises in the sum of $1,400, created by a deed of trust theretofore executed by the owner of said lots the said Mrs. Lindahl -would convey to the said P. J. Dwyer the premises hereinbefore described; that at the time of the execution of said agreement for the purchase and sale of said premises, there was also executed and placed in escrow with one W. C.…