Porter

Mary A. Douglass and defendant David E. Douglass were husband and wife. She died intestate on December 28, 1904, leaving as her heirs her said husband and three sons, Claude Douglass, Bert Douglass, and Harry E. Douglass, the last named of whom was appointed administrator of her estate. .This estate consists of certain real estate and mortgages, the consideration for the purchase of which plaintiff claims to have furnished, and all of which property he claims the deceased held in trust for him. In this action he seeks a decree of court establishing a trust and adjudging that he is the owner of the property. As appears from the evidence and findings, the plaintiff, prior to July 15, 1902, was in the employ of the defendant David E. Douglass in Omaha, Nebraska, and boarded with said defendant with whom said Mary A. Douglass, deceased, was then living as his wife. Plaintiff had known both Douglass and his wife since 1886, and knew that they were living together as husband and wife with their three children. Plaintiff left the home and employ of said defendant David E. Douglass at the latter’s request, and came to Los Angeles, from which place he carried on a correspondence with Mary…