Cappler

This is an appeal from a judgment in favor of plaintiff quieting her title to a certain lot of land situated in San Francisco and canceling a deed through which Mary A. Cowan, defendant and appellant, claims to deraign title to said lot.

In regard to the facts of the case, the testimony of the plaintiff showed that in the year 1899, just prior to the making of the deed sought in this suit to be canceled, she had suffered several severe attacks of “heart failure,” and, fearing that a recurrence of such attacks might prove fatal, concluded to make arrangements for the disposition of what little property she owned; that desiring to avoid the expense and delay necessarily incident to the orderly probate of her estate, she executed a bill of sale of some mining stock, indorsed the certificate thereof, and executed the above-mentioned deed in favor of her mother, with whom she was then living, and placed these papers in an envelope, upon which she wrote: “To be delivered to Mrs. Mary A. McElwee [the name of her mother] immediately after my death. Kate G. McE'lwee”; that the execution of these documents and the placing of them in the envelope as described was done upon the advice of a…