Lewis

Action to quiet plaintiff’s title to two certain lots in the city of Stockton. The complaint alleges that plaintiff and Bridget Burns intermarried in 1873; that Bridget died November 3 6, 1892; that while they were husband and wife they purchased with their own means, the result of their joint labors, the lots in question; that the conveyances were taken in the name of the wife for the community and were so held until Bridget’s death, and upon her death became the sole property of the plaintiff, as surviving husband.

The answer denied that the purchases were made by the fruits or results of their joint labors, or that the lots were owned or possessed as community property, or that the conveyances thereof were taken in the name of the wife for the community, or that they were so held, and denied that their claim was without right. The answer also alleged that defendants are the owners in fee, “and that they derived title to the same from that certain deed of conveyance made, executed, and delivered to defendants by said Bridget Lewis, and dated the sixteenth day of October, 1890, a copy of which is hereto attached and marked exhibit ‘A,’ and made part hereof.”

In this deed the…