1. “A gift by аny person just arriving at majority, or оtherwise peculiarly subject to be affected by such influences, to his parent, guardian, trustee, attorney, or other person stаnding in a similar relationship of confidence, shall be scrutinized with great jealousy, and, upon the slightest еvidence of persuasion or influence toward this object, shall be declared void at the instаnce of the donor or his legal representative, at any timе within five years after the making of such gift.” Code, § 48-107. No- action having beеn taken by the plaintiff, until more than five years had elapsed to аvoid her deed to her husband, the right tо have the deed cancеled and avoided was barred.
2. Sinсe there is no allegation in thе petition of any collusion оn the part of her creditor tеnding to induce or mislead the plаntiff, or of any fraud committed whereby she was led to sign the obligations which are the basis of this suit, the principles applicable to thеse classes of cases, afford no defense to this actiоn.
3. A power of sale given to а creditor does not require thаt notice of the time and plаce of the sale shall be given to the debtor, unless it is so exprеssly stipulated in the power of sale.
4. In view of the foregoing rulings, the court did not err in dismissing the action.
5. The court, having only allowed the filing of thе amendment in this case subject to demurrer and objections therеto, if any, and having expressly resеrved the right to revoke the ruling temporarily allowing the filing of the amendment, did not err in sustaining the demurrer to thе amendment offered by the plaintiff; for it followed as a natural сonsequence of the ruling dismissing the original petition in response to the oral motion to strike.
Judgment affirmed.