Thompson

This action involves the ownership of a tract of land in Tulare County, containing about three hundred acres, together with the personal property thereon. On October 22, 1908, Christine Thompson, the wife of the plaintiff, executed a deed conveying said land and personalty to the defendant. In the complaint the plaintiff, suing as an incompetent by his guardian ad litem, averred that the property in question had been acquired by him on August 3, 1906; that it was community property, but that title thereto had been taken in the name of his wife, Christine, for purposes of convenience. He alleged, further, that the defendant, who was the attorney of said Christine, had obtained the deed from her by means of false and fraudulent representations and through the improper use of the confidence reposed in him as her attorney. The complaint prayed for a decree of reconveyance and for an accounting. The answer denied the community character of the property, alleging on the contrary that it was the separate property of the wife, and denied, further, the charges of fraud and undue influence.

On all the material issues the court found in favor of the defendant. It found that the property in…