Ballinger

After trial, and in accordance with the allegations of the complaint, the court below found that plaintiff’s predeceased husband, without her knowledge or consent, had made a gift to defendant of certain community personal property, consisting of shares of stock, from which said court concluded that the gift was void as to one-half of the property so transferred. It accordingly entered its decree quieting plaintiff’s title to a specified number of such shares, representing one-half, and directing the defendant to transfer the same to plaintiff. The decree provides further that if defendant fails to have the transfer of the shares made on the books of the corporation and *308 fails to have new certificates issued to plaintiff within a designated time the same shall be done by an appointed commissioner.

Defendant noticed an appeal therefrom and at the same time deposited with the clerk of the court below the certificates representing the shares involved in this litigation duly endorsed and assigned to plaintiff with instructions to the clerk to retain the same during the pendency of the appeal. Because of defendant’s asserted inability to furnish a stay bond in an amount fixed by…