The decree herein adjudges that the plaintiffs and the defendant are equal owners as tenants in common of the real property described therein, subject to a lien in favor of defendant for certain moneys paid out by her. The defendant has appealed and contends that the judgment should have been in her favor as sole owner of the property. The court found:

Plaintiff Mary E. Waldron testified, relative to the execution of the first deed, that she, at defendant’s request, asked their mother to deed the property to the defendant in trust for all of the parties to this action, but that the mother refused, “saying she would leave all her children alike, wanted everything equally divided”; that the defendant then said to her mother that “if she would leave it in that way, when she recovered, she would return the paper to her again, it would be as nothing”; that the mother replied, “This is much against my wishes, but if you think best, I will do it”; that the defendant then said, “Yes, mother, when you get well, I will give you the paper”; that the deed was thereupon executed, and that in June, 1910, the defendant returned the deed to her mother. The evidence is sufficient to show that the mother then destroyed the deed. The court admitted testimony, over defendant’s objections, showing that at different times after the execution of the deed the mother made statements indicating that it was not her intention to pass title by the manual delivery of the deed to the defendant. The defendant testified to facts sufficient to show that it was the intention of the mother to convey the property to the defendant, and she denied the foregoing statements attributed to her and also denied that she had returned the deed to her mother. She testified that the deed had disappeared from the place where she had kept it, by what means she did not know. There was other evidence introduced by both parties, hut sufficient has been set forth to support the finding to the effect that Mrs. Cummings did not intend to pass title to defendant by placing the deed in her possession. The evidence is amply sufficient to support a finding in favor of either party upon that issue.

Appellant contends that it was error to admit evidence of statements made by Mrs. Cummings which tended to show that she did not intend to convey title to the defendant by placing the deed in her possession. It is settled in this state that such evidence is admissible when the issue is whether or not the delivery of a deed was made with intent to convey title. (Williams v. Kidd, 170 Cal. 631 [Ann. Cas. 1916E, 703, 151 Pac. 1 ]; De Cou v. Howell, 190 Cal. 741 [ 214 Pac. 444 ].) Much of appellant’s brief is devoted to the question of the weight of the evidence, a question with which this court has nothing to do. There is no merit in any of the contentions made by appellant.

The judgment is affirmed.

Plummer, J., and Hart, J., concurred.