Teich

The main contention in this cause hinges upon the following stipulation:

It seems that plaintiff received a deed to the property February 17, 1902, from her mother, Mary Dworack, her brother, Charles A. Dworack, and from the Bank of Madera, the defendants in the said action mentioned in the stipulation as pending in the supreme court, and which action has been decided this day by this court. Upon the twenty-sixth day of June, 1897, the property was sold to the state for delinquent taxes for the fiscal year of 1896. As the property was not redeemed a deed was executed to the state on the twenty-fourth day of January, 1903. No taxes had been paid upon the property since 1895, and no redemption from the state had been effected by anyone, and so, in pursuance of the written authorization of the state controller dated July 11, 1904, the tax collector of Madera county, proceeding according to law, on the sixth day of August, 1904, sold the property for $950 to defendant herein.

The plaintiff claims that by virtue of said stipulation the property is charged with a trust, and that the bank holds it for her use and benefit. The circumstances under which the said purchase was made are as…