Whittier

The plaintiff commenced an action against the defendant and later she filed an amended complaint. The amended complaint was answered- A trial was had before .the trial court sitting without a jury. It made findings of fact in favor of the plaintiff and from the judgment entered thereon, the defendant has appealed.

. The plaintiff is the daughter and adopted daughter of Alice Y. Whittier, deceased, and claims title under a deed executed December 1, 1922, by the terms of which decedent conveyed to plaintiff’s father and later, on October 31, 1927, he conveyed to the plaintiff. The defendant is the second husband of the deceased and claims title under a deed.dated April 23, 1926.- The last-named deed recites that it was made “ . . . for and in consideration of the love and affection which the said party of the first part has and bears unto the said party of the second part and for the trust Í repose in him that he will care for my child Alicia Gloria Whittier, does by these presents give, grant, etc." In her complaint the plaintiff inserted five different counts: The first was to remove a cloud on the' title to real property; the second was to quiet title to real property; the third…