Mondada

This is an appeal by the plaintiff from a judgment against him in an action in which he sought to have a trust declared upon certain real property in Marin County, California. The legal title to said property was vested in the defendant, who is the mother of the plaintiff. Plaintiff alleged that prior to April 27, 1909’, he was the owner of said real property and that on that date he deeded the same to the defendant upon the oral agreement that the defendant would reside upon said property and keep the same as a home for both plaintiff and defendant and that” if defendant should leave said home she would reconvey the said property to the plaintiff. Defendant denied the making of any such oral agreement and alleged that the property was conveyed to her absolutely and free from any trusts in payment of an indebtedness of approximately one thousand dollars, which amount was due to defendant from the plaintiff at the time of the said conveyance. Thus were presented the only questions, which are ones of fact, involved in the case.

The trial court found the allegations of the complaint regarding the oral agreement to be untrue and found that the plaintiff conveyed the property in…