Freese

Plaintiff administrator brought this, action to recover the sum of one thousand dollars, which, it. was alleged, belonged to the estate of his intestate, and had been converted by the defendants to their own use. The adtion was tried without a jury, and the court granted a motion for a nonsuit, on the ground that the money sued for was not shown to have been the separate property of Ellen Denigan. From the judgment entered in favor of the de fendants plaintiff appeals, and the only ground alleged for reversal is, that the court erred in granting the motion for a nonsuit.

The facts shown by the evidence material to this controversy are as follows, viz: Ellen Denigan was, prior to her marriage, Ellen McCabe. She and Francis Denigan (whose name was also pronounced Donegan or Dunnigan), intermarried on the nineteenth day of January, 1862, and they continued to be husband and wife to the time of her death, which occurred July 3, 1896. At the time of her marriage, she was the owner of two parcels of real estate in San Francisco—one on Bryant Street, conveyed to her in May, 1860, and one on Shipley Street, conveyed to her in September, 1861. By a deed executed August 13, 1884, she and…