Belser v. American Trust Co.

WOODWARD, J., pro tem.

This is an appeal from a judgment for the defendant in an action wherein plaintiff sought to obtain possession of an unrecorded deed of gift executed by his father, Julius Henry Belser, and found after the latter’s death in a safe deposit box. The sole question involved is whether said deed was delivered by decedent to appellant.

Stripped of unnecessary minutiae, the facts are: During the month of April, 1925, appellant and his wife, Mary E. Belser, decided to purchase certain real property situate in the county of Alameda and described as lot 26 in block lettered “F”,…