Durrell

In an action to quiet title to four parcels of land the trial court rendered judgment in favor of the plaintiff as to three parcels, but held he owned only a life estate in parcel number one. From that judgment the plaintiff appealed.

He contends that the evidence does not sustain the findings. If the writer were sitting as trial judge and the plaintiff presented the same facts supported by the same authorities, the writer would be compelled to say that the case of the plaintiff was most plausible. But this court is a court of review and if there is evidence in the record giving substantial support to the findings under attack this court may not disturb those findings. Turning to the record we find that parcel number one included two lots and a part of a third lot in the Hardin tract in the city of Los Angeles. At the time of her death that parcel stood of record in the name of the plaintiff’s wife. The deed recites “To have and to hold all and singular the said premises ... as her sole and separate estate.” That deed was recorded December 8, 1898. The presumption is that the title to the property described in said deed then vested in the grantee as her separate property. (Civ.…