Bryson

From the findings made by the trial court it appears that the basic facts upon which the judgment herein is predicated and from which judgment the appeal is taken are that one Isaac W. England and Anna England were husband and wife; that from their community funds they acquired certain real property which, at the request and direction of the husband, was deeded to the wife, and that several years thereafter the wife deeded the property to the husband. The findings recite the further fact that the deed made by the wife to the husband “was delivered to said Isaac W. England without any consideration whatsoever, and solely by reason of undue influence exercised by said Isaac W. England over the said Anna England; ... by which said deed and transaction said husband obtained an advantage over his wife and was thereby enriched to the extent of the value of said real property.”

Judgment was rendered in favor of plaintiff.

One of the points made by appellants for reversal of the judgment is that on the trial of the action no evidence was offered by the plaintiff which proved or tended to prove any of the allegations of the complaint with reference to the execution of the deed in…