Hagan

This is an appeal from that portion of a judgment which is in plaintiff's favor in an action wherein the plaintiff seeks a decree that the defendant, his wife, holds the title to several certain pieces of real estate in the counties of Santa Clara, San Diego, and Kern in trust for the plaintiff’s use and benefit. The trial court held that the properties in Santa Clara and San Diego Counties were the sole and separate property of the defendant by virtue of certain deeds of gift from the plaintiff to her, but that as to the Kern County property, which the plaintiff had also transferred to the defendant by a conveyance in the form of a deed of gift, she took and held an undivided one-half of the same in trust for the plaintiff’s use. It is from this latter portion of the judgment of the lower court that the defendant has appealed.

Practically the only question presented for the consideration of this court is whether the evidence is sufficient to sustain the findings and judgment of the trial court as to the property involved in this appeal.

There are certain undisputed facts which may be first recited. The plaintiff and defendant were married in the city of New York in the year…