Corker

Some months prior to his death, John R. Corker made and acknowledged his' deed to certain real estate, situate in the county of Los Angeles, wherein his son, residing in the territory of Utah, was named as grantee. The day prior to his death, he delivered the deed to one White, who carried it to E. F. Spence, stating that Corker, the grantor, desired him to record the same, and then deliver it to the grantee, John Frederick Corker. Upon the following day the grantor died, and subsequently the deed was recorded by Spence, and delivered in pursuance of his instructions. This action was brought, and the appeal is prosecuted, by the widow and the remaining heirs at law of the deceased, against the grantee in said deed, asking that the deed be canceled, and the realty therein described be declared the community property of the estate of said deceased, upon the *309 ground that said deed was never delivered to the grantee, and for the further reason that it was made in fraud of the rights of the wife to the community property. Plaintiffs were nonsuited, and the evidence heretofore quoted is substantially all that is found in the record.

The judgment should be affirmed, as evidence to…