Tedford

The action was to quiet title. Judgment passed for defendants and from that judgment and from the order denying her motion for a new trial plaintiff appeals.

Certain of the matters hereinafter stated appear only inferentially from the record, and there may possibly be error in the declarations concerning some of them. The essential facts, however, are made sufficiently plain. A. C. Tedford at the time of his death was living with Emily J. Tedford, who was, or was reputed to be, his wife, and in the household were children of Emily. Tedford and Emily seemed to have been tenants in common of the land here in controversy. However that may be, the contention of plaintiff is that they made deeds to the property in controversy, each to the other, deposited those deeds in escrow with one Doctor Fasig, to be delivered to the survivor upon the death of either; that this delivery to Fasig was not irrevocable; that after the death of Tedford, upon request, Doctor Fasig delivered the sealed package to Emily, who placed of record the deed from Ted-ford to herself. It is contended that there was no delivery, under the authority of Young’s Estate, 123 Cal. 337 , [ 55 Pac. 1011 ], and Kenney v.…