Martin

The plaintiff appeals from a judgment denying her any relief and awarding the defendant his costs of suit. The transcript on appeal was filed March 1, 1921, and appellant’s opening brief was filed May 18, 1921. Respondent has filed no brief and no appearance was made for him at the time set for oral argument, November 10, 1922.

The complaint alleges that the plaintiff, being the owner as her separate property of an undivided half of a certain town lot, sold the same to defendant for $1,250; that at the same time the defendant executed a written agreement with plaintiff and her husband, E. A. Martin, who died prior to the time suit was brought, by the terms of which defendant promised to pay plaintiff and her husband the purchase price agreed upon; that her husband “joined in said agreement merely as a matter of form, and at the suggestion of defendant,” but that her husband had no title to or interest in the lot.

The answer denies that plaintiff had any interest in the lot, or that the same was her separate property; admits the execution of the agreement to pay the $1,250; alleges that Martin “was the actual owner of said land and that he held the same in trust for a partnership…