Allen

Appeal from a judgment for the plaintiff, on the judgment-roll, with bill of exceptions. The suit was brought to quiet the plaintiff’s title to an undivided one-half of the tract of land described in the complaint and referred to in the answer as the “Cherrioto Ranch.”

The plaintiff derived her title to an undivided one-half of the land in question under a deed of gift from her husband, Charles Allen, to whom it had been conveyed by the defendants by deed of date July 22, 1904. The defense is that this deed was fraudulently obtained under the circumstances set up in the answer.

The case as presented by the pleadings, findings and stipulations of the parties is as follows:

In explanation of this finding, it is to be observed that at the time of the conveyance Allen rendered to Bryant a statement of the account of their affairs, including the operation of the Cherrioto ranch and the Pardee tract and some personal matters, to which there was attached the following on a slip pinned to the statement: “The item of $989.97 is this day settled as part of the consideration for the purchase of Mr. Bryant’s interest in said ranch. Charles W. Allen.” This, account, omitting the items, is…