Lewis

This is an action to quiet title to two certain lots of land situate and being in Stockton, California.

Defendants had judgment, from which and from an order denying his motion for a new trial plaintiff appeals.

At the trial the evidence showed without contradiction that the plaintiff and Bridget Burns intermarried in 1873, and remained husband and wife until 1892, when the latter died.

About 1877 plaintiff and his wife removed to Stockton, where they lived and kept house, the plaintiff having at the time several horses, a couple of wagons, etc., with which he labored.

Probably about 1881 plaintiff and his wife were both employed by one De Blainville, a merchant, the former clerking in the store and the latter doing housework and cooking.

In 1882 De Blainville procured lot No. 15 in block No. 33, east of Center street, Stockton, to be conveyed to the wife of plaintiff. The consideration mentioned in the deed was two hundred and fifty dollars. De Blainville also had a house built upon the lot, for which he paid.

In 1885 De Blainville had another lot (No 10 in block 24) purchased for sixteen hundred and fifty-six dollars and five cents, and conveyed to the wife of said…