McKinnon

This is an appeal from the judgment declaring a certain deed executed by respondent to his daughter, Mary Ann Fullerton, one of the defendants, to be null and void, and from the order denying defendants’ motion for a new trial. The defendant Jesse B. Fullerton is the husband of the defendant Mary Ann Fullerton. Since the trial of this action the said Mary Ann Fullerton has died and this appeal is prosecuted by her husband Jesse B. Fullerton.

The court found the facts to be as follows:

Appellant contends that the trial court found the deed in question to be a deed of gift and that the deed having been delivered to the escrowee, title vested in the grantees and, therefore, was not subject to any further conditions.

We do not understand the findings to so hold. As we understand the findings the deed was a deed of gift in form only, it having been executed in consideration of appellant’s promise to provide respondent with a pleasant and peaceful home. It is also urged by appellant that the evidence is insufficient to sustain the verdict. We have examined the record in the case and think it suffices to say that there is evidence to support the findings. Findings based upon…