Howell

This action was brought to set aside a deed of conveyance from respondent, an aged man, to appellant Sarah E. Mays, his daughter, of certain premises in the city of San Diego, California, theretofore occupied by him as his home. Appellant Levi Mays is the husband of the said Sarah E. Mays. The complaint asserts that the deed was signed on April 1, 1927, by respondent; that respondent at the time was, and had for two months previously, been very ill of an illness from which, when the deed was signed, he was not expected to recover; that he signed the deed on the special understanding with appellants in whom he had particular confidence, that it should neither be recorded nor pass from him the title to the property except only in the event of his death from that particular illness; that appellants, in violation of the understanding and without respondent’s knowledge, proceeded to record the deed, of which respondent did not learn until October 17, 1927. The suit was filed within three days thereafter. The answer alleged the execution and delivery of the deed to appellant Sarah E. Mays in consideration of love and affection,' without any reservations whatever, denied that respondent…