Longley

This was an action to quiet title to certain real property located in Stanislaus County, referred to by the parties herein as the “Newman Ranch”. Prior to August 5, 1929, the undisputed title to the property was in Marcia Brooks (now deceased), who at that time was the wife of defendant Emery Brooks. The latter claimed title to the land by virtue of a deed executed in his favor on said August 5, 1.929, by his then wife, the said Marcia Brooks. The plaintiffs herein are, respectively, the two sisters and a brother of Marcia Brooks, all of whom claimed title to the property as respective residuary legatees under the will of Marcia Brooks.

The trial court found in favor of defendant on all material issues, and in accordance therewith rendered its decree quieting the title to the property in favor of defendant herein. The plaintiffs have appealed from the judgment, their principal contention being that there was no “delivery” of the deed to respondent by his wifé, and, consequently, that the findings of the trial court are without support in the evidence.

The record herein shows that respondent and Marcia Brooks intermarried on September 27, 1928, and lived together as husband and…