Leviston

Plaintiff, defendant Tonningsen, and trustee interveners appeal from a judgment declaring that defendant Tonningsen holds the title to certain described real property in trust for intervener Golden Gate Land Association. By its judgment the trial court declared that the entire beneficial title to the property was vested in the Golden Gate Land Association and that none of the other parties had any right, title’or interest therein.

The action was commenced by the executrix of the will of one Charles L. Patton, against Tonningsen and other named defendants (all of whom except Tonningsen have disclaimed any interest in the property) to have it declared that the plaintiff owns an undivided' half interest in certain described real property standing in the name of Tonningsen. The complaint alleges that at the time the legal title was conveyed to Tonningsen, it was agreed between Tonningsen and Patton that the former was to hold the legal title in equal shares for himself and Patton.

Defendant Tonningsen, by answer, denied all of the allegations of the complaint pertaining to the alleged trust, and claimed the entire property, both the legal and equitable interest, for himself alone,…