Small

Appellant presents this appeal from an order denying his motion for a new trial. The facts, concerning which there is no controversy, are substantially as follows: Henry Small died in Colusa County about the year

1874, leaving a widow, defendant Nancy Small, to whom he devised all his property, consisting of several ranches, among which was a ranch containing eighteen hundred acres, known as the “Musick Place,” and being the property in controversy here. The land stood on the records in the name of defendant Nancy Small at all times after the decree of distribution in the estate of Henry Small until June, 1896. In March, 1896, one Julian, a son-in-law of defendant Nancy Small, and a brother-in-law of appellant, William Henry Small, borrowed from plaintiff five thousand dollars, giving his promissory note therefor signed by defendant Nancy Small, the note being a joint and several note. In May, 1896, Julian died, being insolvent, and his estate has ever since been insolvent. After the death of Julian,' in June, 1896, defendant Nancy Small, without consideration, made and recorded a deed of gift to her son and co-defendant, William Henry Small, who knew nothing about it, and was…