Chamberlain

The action was brought to have certain land in Fresno county, consisting of eighty acres, adjudged to be held in trust for the use and benefit of plaintiff and to have it conveyed to him in accordance with the terms of the said trust. In 1895 plaintiff conveyed this land to E. J. Chamberlain, the wife of the defendant, William M. Chamberlain, by deed of grant, bargain and sale, naming $3,000 as the consideration, though it is admitted that there was in fact no consideration, appellant, however, claiming in his answer that there was a gift of the property to the said E. J. Chamberlain. The parties named, at the time mentioned, for some time prior thereto and for several years thereafter, resided together on the land in question. Their relations were of a friendly and confidential character. At the same time, plaintiff was the owner of certain shares of stock in a corporation known as the Mill Race Ditch Company. This company had become involved in controversies with certain land owners, and suits were pending against the company. Under these circumstances, according to the allegation of the complaint, “on or about the 13th day of April, 1895, the said E. J. Chamberlain, with intent…