Roberts

This is an action to declare a trust and quiet title. Plaintiff claims that by her own labors, before she married defendant’s intestate, she had saved and accumulated money which she invested in Arkansas real estate, all of which, under the laws of that state, was her sole and separate property; that after her marriage, and both before and after her coming to this state, she had rented said property, the rentals, after coming to this state, being sent to her husband, defendant’s intestate, who, because of the illiteracy of plaintiff—she being unable to read or write— conducted all of her business; and that these rents were accordingly collected, “cashed and banked” by him. Ac cording to the allegations of the complaint, these moneys were “banked in his own name, but all for the use and benefit of the plaintiff, who at all times was the real and true owner of said rentals.” It is then alleged “that about two years after plaintiff and defendant’s intestate came to California to live, as aforesaid, to wit, in the year 1903, defendant’s intestate used part of the money accumulated from the rentals received from plaintiff’s property in Arkansas for purchasing “property described in the…