Stark

This is an appeal from a money judgment rendered by the court sitting without a jury in an action seeking reconveyance of an interest in certain real property.

One Frank Stark, deceased, was the former owner of the property which is the subject of controversy. It was part of 277 acres upon which the deceased operated a dairy ranch. Only a small portion of the ranch was leveled and very little of the land was under irrigation. Prior to his death in 1946 decedent sold a few acres for $300, $400 and $500 an acre. Appellant and respondent, who are brothers, were two of the decedent’s 10 heirs, each of whom succeeded to a one-twelfth interest in the subject property, except Stella McGill who succeeded to a three-twelfths interest. Eespondent was appointed administrator of the estate of the deceased and as such managed and operated the property. In order to discharge the obligations of the estate and to pay off an old deed of trust respondent borrowed $35,000 and gave as security therefor a deed of trust. In 1948 the property was distributed to the heirs of decedent, subject to the outstanding encumbrance. Eespondent continued to operate the ranch and the heirs contributed their…