Bretthauer

This action was commenced in October, 1907, and by the complaint then filed it was sought to have a certain deed made by plaintiff to defendant on the seventh day of March, 1905, set aside and canceled on the ground that it was made without consideration; to have it adjudged that the plaintiff had the sole right to the possession of the property described in the deed, and further to enjoin the defendant from occupying or retaining possession of the said premises. By leave of the court plaintiff twice amended the complaint, and the pleading on plaintiff’s part on which he went to trial is the second amended complaint. It is therein sought to set aside the deed on the ground of fraud, the particular acts of fraud charged being that defendant “falsely and fraudulently” represented to plaintiff that if he would deed the property to her she would “immediately reside with and take care of plaintiff as her own father, and be with him in sickness or distress, and in addition thereto defendant would attend to the renting and managing of said property, and apply the net proceeds of said property to his wants for and during the life of plaintiff; that in consideration of the said promise of…