Dowd

The plaintiff and appellant commenced an action in ejectment alleging ownership in lot 9, block 20, in the city of Oxnard and seeks to oust the defendants from possession thereof. Defendants, by answer, denied plaintiff’s ownership- and by cross-complaint defendant Immel alleged that he and plaintiff are father and daughter; that confidential relations existed between them; that in November, 1914, he was in poor health, and, at that time, had great confidence in the integrity of plaintiff and in her love and affection and devotion and fidelity to him; that at the time he was desirous of avoiding the costs and delays of probate proceedings in the settlement of his estate in the event of .his death and at that time made and delivered to plaintiff a deed to said lot upon express oral promise of plaintiff that he, defendant, should have the right to possession of said premises during his lifetime. It was also alleged by defendant Immel that during his lifetime he was to have the right to manage and control the property, to lease or sell the same, and to receive all the proceeds thereof, and that in the event he should make a sale of said property, plaintiff would execute and deliver a…