Holmes

This was an action to quiet title to a piece of real property in the city and county of San Francisco, in the course of which the plaintiff sought to have set aside a decree obtained by Patrick O’Brien, one of the defendants, quieting his title to the same premises.

There is no very material dispute about the facts of the case, which the record shows to be substantially these: The plaintiff is one of the daughters of said defendant Patrick O ’Brien and the other defendant and the appellant herein is his other daughter. During the last illness of Patrick O’Brien’s wife and the mother of the plaintiff and the appellant, there was some family discussion with reference to the plaintiff coming back to the family home and taking care of the father and mother, receiving a deed to the premises as the consideration for such care, as a result of which the plaintiff, who had been married, did return home and did care for her mother until the latter’s death. Thereafter and in the fall of 1903 the father solicited her to return and care for him, promising her to attend to the deed of gift. She accordingly with her two daughters made her home with her father on the premises in question, and…