Tassell

Plaintiff commenced an action against the defendant to obtain a judgment canceling a deed purporting to convey a corner lot and improvements thereon located at Turk Street and First Avenue in San Francisco. Before the trial of the action the defendant died and his grantees were substituted. The judgment went for the plaintiff and the defendants have appealed.

In her complaint the plaintiff alleged that the property described in the deed was her separate property; that it was purchased by the plaintiff with moneys acquired before her marriage to the defendant; that on the twenty-second day of November she wrote out the deed and on the eighth day of December, 1919, she signed and executed it and placed it in her secret document box; that she never delivered it to the defendant, but did tell the defendant where it was; that thereafter, on the twenty-fourth day of February, 1920, while the plaintiff was sick, the defendant, without her con sent or knowledge, took the purported deed from its hiding place and caused it to be recorded; and that the defendant has rnee refused to reconvey the property. In his answer the husband admitted many of the plaintiff’s allegations, but denied that…