Hyde

This was a suit to cancel a deed from a husband to his wife, upon the grounds that the grantor had not sufficient capacity to make it, and that it was not delivered. The trial court found that the grantor had capacity to make it, but that it was not delivered, and rendered judgment for the plaintiffs. The defendant appeals. We think that the finding that the deed was not delivered is not sustained by the evidence. The notary who drew the deed testified that he did so at the request of the grantor, without the intervention of any other party; that the grantor instructed him to draw the deed, and signed and acknowledged it before him, stating'at the time that “he wished to give the property to his wife.” The wife testifies that her husband came home one day, when the following occurred: “He puts a deed'on the table, and I says to him, ‘What is this?’ and he says, ‘It is a deed to you.’ He says: ‘Deeding the West Mission street property all to you—especially to you.’ So I picked it up, and I looked at the date, and I began to cry. I thought then sure he was going to die, because he deeded the property to me, and I called Mary’s attention at the same time, and I said: ‘Here, Mamie,…