Albertson

— Appellant brought this action against George Schmidt (now deceased) to have him declared trustee of certain real property theretofore conveyed to him by appellant, to compel a reconveyance of said property to appellant and for an accounting for the rents, issues and profits thereof. The complaint was filed in July, 1918, and twelve years thereafter, in August, 1930, the action was brought to trial on the issues raised by the fourth amended complaint and the answer thereto, Schmidt in the meantime having died and the executrix of his will having been substituted as party defendant. The grounds upon which it was sought to maintain the action were that appellant was mentally incompetent at the time he conveyed the property to Schmidt and that there was no consideration for the conveyance. The trial court found against appellant on both issues, and from the judgment entered in conformity with the findings, this appeal was taken, the sole ground urged for reversal being the insufficiency of the evidence to sustain the trial court’s findings.

The facts leading up to the commencement of the action were as follows: In May, 1913, appellant conveyed said property to Schmidt by a grant…