Osborn

The action in the court below was one brought by plaintiff under section 738 of the Code of Civil Procedure, against the defendants, alleging that they claimed an estate or interest in real property adverse to him, and for the purpose of determining such adverse claim. The facts material for consideration upon this appeal, as alleged in the complaint are: That plaintiff and one Kitturia B. Osborn are husband and wife; that plaintiff was the owner and in possession of certain described real property; that the possession thereof and the title thereto were acquired by plaintiff' in 1903. and the consideration paid therefor was from the personal earnings of plaintiff while a member of the marital community; that for the personal convenience of plaintiff the conveyance was made to his wife to hold for the marital com- . munity, subject to the disposition and control of plaintiff; that said wife never made any claim or asserted any right to said premises as her separate property or estate; that said wife never conveyed, transferred, or disposed, or attempted to convey, transfer, or dispose of said property; that on the twelfth day of March, 1906, the wife was declared a bankrupt and a…