Piper

The parties to this action are Indians. They lived together on respondent’s farm in Inyo County in the relation of husband and wife without the formality of a marriage ceremony for a period of thirty years. During that entire time appellant acted as the business adviser of respondent and managed all her business affairs. From the manner in which they gave their testimony, and from their letters in the record, it would appear that appellant was much better educated than respondent. He was a deputy sheriff of Inyo County, the local representative of the Indian board and had read some law.

In February, 1931, the city of Los Angeles purchased respondent’s farm. For some years prior to the actual consummation of the sale the city had carried on its negotiations through appellant. When the deed to the city was recorded the balance of the selling price of $23,678 was paid, ten per cent of this amount having been paid when a contract of sale was executed. This final payment was in the form of a check drawn in favor of Minnie and John Somerville. They took it to the city of Los Angeles, where they opened two separate accounts in a bank, each depositing $10,678.18. They then bought an…