Dean

Action to determine conflicting claims to certain real property. In the court below, the judgment was in favor of defendants, and from this judg *286 ment, and an order denying his motion for a new trial, the plaintiff appeals.

The findings of the court show that the land in controversy was originally conveyed to the mother of the plaintiff; that is, she was named as grantee in the deed conveying it, but that the property was paid for with the community funds and property of the mother and her husband, who was the father of plaintiff. The mother, Mary Dean, died January 26,1877, leaving surviving her her said husband and three children. On October 3d following, the father died, but prior to his death he, on the fifth day of February, 1877, filed, in the proper probate court a petition, signed by him, praying for letters of administration on the estate of his deceased wife, in which it was stated that the land in controversy was her separate property. The findings further show that this same property was afterwards, in 1882, in the matter of the estate of said Mary Dean, sold to one Thomas O’Donnell, which sale was confirmed by the court, and said O’Donnell conveyed to…