Kelland

In these actions consolidated on appeal (Nos. 363195 and 380379 in the court below, the first to determine whether transfers of property from husband to wife were procured through fraud and the second to quiet title), the appeal is prosecuted by defendant, cross-complainant, intervener, and appellant H. S. Shapiro, an attorney who originally represented the husband, George A. Kelland, and who claims a one-half interest in part of the property by virtue of his contract of employment with said husband. The causes are now before this court on motion of both principal parties, the husband and wife, to dismiss the appeal of said Shapiro or to affirm the judgment.

*252 The appeal is without merit. Appellant claims that by virtue of an alleged stipulation in open court upon a former trial of the first action, No. 363195, he established a right of recovery for his client, the husband, as to one-half of the property transferred, thereby sufficiently fulfilling his contract of employment as attorney for the husband to entitle him to one-half of the husband’s share, or an undivided one-quarter interest in the property as a whole; that because of said stipulation the evidence does not…