O'Brien

This action was brought by plaintiff to have declared a trust in her favor existing as to a tract of land located in the county of Los Angeles consisting of about twenty acres. The judgment of the court being adverse to her, this appeal was taken from an order made denying a motion for a new trial.

It is the contention of appellant that the evidence did not sustain the findings and judgment. She bases her claim for reversal mainly upon that ground, although several alleged errors of the court committed during the course of the trial are also made the subject of argument. It was alleged in plaintiff’s complaint that she purchased the land in question on the seventeenth day of May, .1895, and procured the deed of conveyance to be made in favor of a daughter, who was to hold the property for plaintiff’s benefit; that thereafter said daughter and her husband gave to plaintiff a power of attorney authorizing plaintiff to convey real estate situated in the county of Los Angeles and standing in the name of the daughter ; that acting under this power of attorney, on or about the eighth day of November, 1902, plaintiff conveyed title to the land to her son, Joseph A. O’Brien, who…