Morehouse

The plaintiff is the widow and administratrix of the deceased, Le Grand Morehouse, and sues to quiet the title of the estate of deceased to lands in the County of Glenn, described in the complaint, of which, it is alleged, the deceased died seised. The defendant (who is the brother of deceased) pleads in defense that the land was purchased by himself and the deceased jointly, each to own in equal shares, and that, under an arrangement between them, the title was conveyed to the deceased in trust, as to one half the land, for the defendant. The plaintiff recovered judgment, from which and from an order denying a motion for new trial the defendant appeals.

The first question to he considered is raised by the contention of the appellant that the court erred in denying his motion for continuance. The case, it appears, was at issue March 17, 1899, and on May 22, 1899, was by consent set for trial June 19, 1899. But on June 12th the defendant met with a serious accident, and for this reason the case was several times continued, each time against the objection of plaintiff, until September 13th, the day of the trial, when the court refused to grant the appellant’s motion for a further…