31 P. 355 | Cal. | 1892
This action was commenced in the superior court of Humboldt county on the fifteenth day of
On the first day of January, 1879, the mother, Elvira, married one B. P. Wolverton, and on the 12th of July of that year Erastus executed to her and her husband a written lease of about five acres of the land for the term of the natural life of the lessees, and at an annual rent of one cent. In June, 1885, Alonzo and his then wife, the defendant Mary, executed to Erastus a deed conveying to him all their right, title, and interest in and to the said eighty acres, and for this conveyance Erastus paid Alonzo $1,000 in cash. Alonzo afterward died during that year, and his widow subsequently married the defendant Andrew. In September, 1886, the two surviving brothers and sister partitioned the said eighty acres among themselves, as follows: The defendants and Mrs. Church conveyed all their right, title, and interest in and to forty acres thereof to Erastus; Erastus and the defendants conveyed all their right, title, and interest in and to twenty acres thereof to Mrs. Church; and Erastus and Mrs. Church conveyed all their right, title, and interest in and to the twenty acres thereof here in controversy to the defendants.
It appears that the deponent, after stating that the lands in controversy in that case were conveyed to him by his mother, without any money consideration paid therefor, gave, among others, answers to questions propounded to him as follows: “Question. On September 28, 1886, Andrew T. Baker, Mary T. Baker, and Mary A. Church conveyed to you certain land, a portion of that property? Answer. Yes, sir. Q. The consideration expressed in that deed is one dollar? A. Yes, sir. Q. For what purpose was that deed made? A. Well, as a settlement between us. Q. Settlement of what? A. Of an
The first question, then, is, Was it sufficient to justify the findings in relation to the alleged trust ? In our opinion, this
The next question is, Did the court err in its rulings upon the admission of evidence? Most of the evidence offered by the defendants was objected to by the plaintiff, and the objections were overruled, and exceptions reserved. It is unnecessary to speak of these rulings separately. We see no material error in them. The evidence was admissible, and the court properly overruled the objections.
In rebuttal the plaintiff offered in evidence the judgment-roll in the case of Wolverton v. Baker et al., before referred
We concur: Vanclief, C.; Haynes, C.
For the reasons given in the foregoing opinion the judgment and order appealed from are affirmed.