Espinosa

The plaintiff brought an action against the defendant to quiet his title to lands in Monterey County. The plaintiff had judgment and the defendant has appealed under section 953a of the Code of Civil Procedure. The controversy arose out of a transaction which took place between the plaintiff as client and the defendant as his attorney and legal adviser.

Carlos Espinosa was the owner of large tracts of land, including the lands in suit. In January, 1865, he died leaving him surviving a widow, Josefa Boronda de Espinosa, and eight children, including the plaintiff. The father left a will, written in the Spanish language, which was admitted to probate. While the probate proceedings were still pending one of the daughters, Nareisa Duarta, induced the plaintiff, in consideration of certain moneys which had already been paid to him and of certain other moneys which were thereafter to be paid to him, to convey to her his interest in the estate. Later, -in 1879, the estate was distributed by a decree which found that the mother was the sole legatee. In 1916 the widow was negotiating a lease of a large tract to the Spreekels Sugar Company, but before the lease was executed some of the…