Taylor

This case has been reviewed once by the District Court of Appeal ( 77 Cal. App. 525 [ 247 Pac. 240, 244 ]) and once by the Supreme Court ( 211 Cal. 606 [ 296 Pac. 288 ]), the law has been established, and the facts pre sented during the present trial being substantially the same as were adduced at the prior hearings, need not -be again set forth in detail. Briefly, however, this is an appeal by the defendant from a judgment rendered in an action seeking to have a constructive trust impressed upon certain real property.

There is no dispute as to the fact that appellant Edwin Bunnell and Margaret Peterson were married and were husband and wife at the death of Mrs. Bunnell in May, 1921; that there were no children of this marriage, and the real property in question consisted of ranch property in Glenn "County, which was the separate property of the wife. About a month prior to her death, Mrs. Bunnell, who was then very ill and had been suffering for some time with an incurable malady, executed and acknowledged a deed to Dr. Bunnell, appellant herein, in consideration of love and affection. At the same time Dr. Bunnell made, signed and acknowledged a deed for the same land from…