Ord

This is an action of ejectment. Defendants had judgment, and plaintiffs appeal therefrom and from the order denying their motion for a new trial.

It appears that in April, 1873, William Marcellus Ord, the common grantor of plaintiffs, and the defendant, Anna E. Ord, conveyed by deed of gift to plaintiffs, who are the minor children of his brother, John S. Ord, certain property in Santa Cruz County commonly known as the “ Ord rancho,” and which contained about one hundred and sixty acres, including the property in controversy. By the same deed he granted and confirmed to his sister, Mrs. Holladay, five acres of the above tract, but they are not involved in this action. This deed was delivered to Mrs. Holladay by her husband, S. W. Holladay, Esq., to whom it had been previously mailed, by the grantor from Boston, Massachusetts, on the twenty-first day of April, 1873, but it was not recorded until September 2, 1878.

On April 6, 1877, William Marcellus Ord, theretofore a bachelor, intermarried with the defendant, Anna E. Ord.

On Juné 10, 1878, Mrs. Holladay informed Mrs. Ord of the deed executed by her husband to the minor children of his brother John.

On June 17, 1878, William…

I concur in the judgment and in the foregoing opinion of Mr. Justice Fitzgerald. The language of the opinion in Dean v. Parker, 88 Cal. 289 , is broad enough to justify the admission of the evidence held to be inadmissible in this case. But in Dean v. Parker , the declarations considered were those of the grantor sustaining his deed, and the attention of the court was not directly called to the admissibility of subsequent declarations of a grantor denying the fact of the previous delivery of a deed, and the general and somewhat inaccurate language of that opinion to the effect that upon a question relating to the delivery of a deed any declaration made by a grantor at the time of the alleged delivery, or subsequent thereto, would be relevant to the inquiry must be considered with reference to the particular facts then before the court.