Martin

All the property owned by the husband before marriage, and that acquired afterward by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property. (Civil Code, sec. 163; Lewis & Chard v. Johns, 24 Cal. 98 .) Property purchased during marriage with the separate funds of husband or wife constitutes it separate property. (Ramsdell v. Fuller, 28 Cal. 37 .)

*237 Curtis & Clunie, for the Respondents.

A donation will be void if the donor divests himself of all his property and does not reserve enough for his own subsistence. (Civil Code, sec. 155 ; 11 Robinson, 302 .)

The property in suit is the only property owned by defendants, or in which they or either of them have any interest. The defendants are husband and wife. They selected this property •as a home for themselves. The land in controversy and five hundred and forty-five dollars used toward the construction of the house built thereon was the profits of a joint speculation of the husband and wife after marriage. The deed to plaintiffs, if a deed it be in law, was in fraud of the rights of the wife—the plaintiffs not being innocent purchasers, paying no consideration therefor.

The…