Togni

This action was brought for the purpose of having a certain deed made to defendant Pio Taminelli to lands described in the complaint, situate in Santa Barbara county, set aside as being fraudulently obtained from plaintiff without consideration, and to have plaintiff’s title restored; or, in case that cannot be done, for the recovery of $10,700, the amount which it is alleged said Pio Taminelli received hy reason of the sale of such lands. At the close of plaintiff’s testimony the court granted the motion of defendants for a nonsuit and judgment was accordingly entered. This appeal is from the judgment, and is accompanied by a bill of exceptions.

It becomes our duty to examine the evidence, and if it is sufficient to sustain findings, or a verdict for the plaintiff, in case the court or a jury had found for plaintiff, it is our duty, under well-settled rules, to reverse the judgment.

In determining such question we must consider all the evidence in the record as absolutely true. Not only this, but it is our duty to resolve all reasonable inferences that may be drawn in favor of the plaintiff.

The questions, therefore, for our consideration are as to whether or not the plaintiff…