Baker

The complaint alleges that the plaintiff is the owner of certain real property, situated in San Joaquin county, and that the defendant claims an interest therein adversely to her; that the claim of the defendant is without any foundation whatever, he having no estate or interest in or right or title to said premises. The prayer is for judgment, quieting plaintiff’s title to the land described in the complaint.

The answer denies plaintiff’s ownership of the premises, admits that defendant claims an estate and interest in the same, and also interposes an affirmative defense, in which it is averred that the plaintiff conveyed to him said premises by deed, the same being set out in full, and further alleging that said deed was delivered in escrow to one A. H. Carpenter with instructions to the “escrowee” to deliver the same,, upon the death of,plaintiff, to the defendant.

The court below gave plaintiff judgment, from which, upon a bill of exceptions, the defendants present this appeal.

The main assault' upon the judgment involves the contention that the findings upon which it rests are not supported by the evidence.

It may be well to explain at this point that, after the…