Hendrickson

Plaintiff by this action seeks the cancellation of a deed to certain real property. The complaint alleges, in substance, that at the time the conveyance was made the parties were husband and wife, and plaintiff, believing that defendant entertained love and affection for him, made the transfer to his wife, upon her request, for their sole use and benefit and upon the promise that she would reconvey the property to him at any time he desired: It is then charged that defendant when she made the promise intended to retain the same for her sole use and benefit, and that after receiving the conveyance her attitude immediately changed and she became unbearable, and subsequently deserted plaintiff and their children. Defendant denied these allegations. The trial court found in substance that defendant did not make any false or fraudulent representations to plaintiff in order to procure the conveyance, or that she ever agreed to reconvey the property to him upon his request, but that, on the contrary, such conveyance was a voluntary act on plaintiff’s part and was intended as a gift, and was accepted by defendant as such. Judgment in favor of defendant followed. It is here claimed that…