Becker

A demurrer to the second amended complaint was sustained by the trial court without leave to amend. A judgment of dismissal followed. From this judgment an appeal was taken to the supreme court and the judgment was reversed. The case is reported in Becker v. Schwerdtle, 141 Cal. 386 , [ 74 Pac. 1029 ], to which we refer for a full state ment of the averments of the complaint. The cause was tried and judgment rendered for defendant, from which plaintiff appealed.

Quite a number of propositions are learnedly discussed by appellant, but the one vital and controlling question is whether the deed from plaintiff to defendant was delivered in consideration of love and affection and for the better support of the grantee, as recited in said instrument, or in expectation of death with the understanding that it should take effect only in case plaintiff did not recover from the grave illness from which she was suffering at the time the deed was delivered ; or, lastly, was said deed secured by a fraudulent promise on the part of defendant made without any intention of performing it and with the intent to deceive plaintiff and thereby induce her to execute the conveyance.

The trial court…