Boyer

A hearing in this court was granted after decision by the district court of appeal in and for the third appellate district (53 Cal. App. Dec. 813), for the reason that, while satisfied with the reasoning of said opinion, we arrived at the conclusion that the order of reversal and direction to the trial court with which the same concludes should be modified. We therefore adopt the opinion of Mr. Justice Hart o£ said court, with the exception of its concluding order and direction, which reads as follows:

“The court found (finding No. 2) that defendant ‘claimed an interest or estate therein (the real property specifically described in the complaint and the findings) adverse to plaintiffs, but that said claim was without right by said defendant, and said defendant had no right, title or interest of any kind, character or description in and to said described premises, either as set out in defendant’s answer or otherwise’; that (finding No. 3) ‘on the 21st day of March, 1919, the premises described in such complaint was the separate property of Teresa Doyle Murphy, and that at said time defendant, Edward F. Murphy, did not have any right, title, or interest in and to said property of…