Dahne

In this action plaintiff sought a decree declaring certain real property, consisting of a > house and lot, legal title to which was vested in defendant, to be the subject of a trust wherein, as alleged sole beneficiary and legal owner thereof, he prayed that such trustee be required to execute a deed conveying the property to him.

The admitted facts and defendant’s testimony, in accordance with which, since the only evidence in conflict therewith is the testimony of plaintiff, the court properly made its findings, show that on January 17, 1906, plaintiff, knowing that he had a legal wife then living and falsely representing that she was dead, married the defendant, with whom he cohabited and lived as her husband until March 26, 1916, during all of which period the court found that confidential relations existed between the parties. The property in question was purchased by deféndant on July 28, 1913, on which occasion plaintiff, who was present, stated that it was his wife’s transaction and directed that the receipt for two hundred dollars paid on account of the purchase price be issued to her, which was done. A few days later she paid eighteen hundred dollars on account of the…