Melvin

The action was brought to have it decreed that certain real property is held by defendant in trust for plaintiff and to compel the execution of a deed of conveyance of the same by the former to the latter. A demurrer to the complaint was sustained, and plaintiff declining to amend, a judgment of dismissal was entered, from which the appeal is taken.

It appears from the complaint that defendant is a stepson of plaintiff and for a long time has resided with her. The relations between them were friendly and confidential. The plaintiff has had little experience in business matters, and she confided implicitly in defendant and believed that in everything pertaining to her interest he would act in the utmost good faith toward her.

The complaint alleges furthermore “that on the 29th day of May, 1899, the plaintiff was the owner of all that real estate [describing it.] ... That on the day last aforesaid, and long prior thereto and for a long time thereafter, she was advised and believed that a person could make and execute a deed of conveyance, conveying real estate, and that the conveyance could be retained in the possession or under the control of the grantor until his death, and if…