Allstead

This action was brought to obtain a decree declaring certain real estate, situated in the city of San Francisco, to be held in trust by defendant for the plaintiff, and to compel said defendant to execute “a good and sufficient deed transferring and conveying to plaintiff said property.”

Plaintiff was awarded judgment as prayed for, and this appeal is prosecuted therefrom under the alternative method of taking such appeals prescribed by sections 941a, 941b, 953a, 953b and 953c of the Code of Civil Procedure.

The facts as alleged in the complaint and as proved by the evidence from which the findings of the court were made may be stated as follows: On the thirty-first day of May, 1905, plaintiff purchased from William and Elise Marshall, his wife, a certain lot in the city of San Francisco and caused the deed thereto to be executed by said Marshalls to his son, Van C. Allstead, then a minor, of the age of about twenty years; that plaintiff paid to said Marshalls the entire consideration supporting the transfer of said property; that, on said thirty-first day of May, 1905, said Van C. Allstead “agreed with and promised plaintiff that he would reconvey to plaintiff said real…