Collins

This is a suit to set aside a deed of conveyance of land, made to the defendant Nora by the plaintiff’s intestate a few days before her death. The findings and judgment were for the plaintiff. The defendants appeal from the judgment and from an order denying their motion for new trial.

The points urged on behalf of the appellants are: That the complaint was insufficient; that the findings are not supported by the evidence; and that the judgment against J. J. O’Laverty (the husband) for costs was erroneous.

The last two objections may be briefly disposed of. With regard to the findings, the evidence, we think, was sufficient to sustain them. All the specific facts alleged in the complaint were proved, with others. As to the costs, the defendants in their answer allege the deed in question was made in - good faith, “for a valuable consideration,” which is in effect a claim on the" part of both to an interest in the property. (Civ. Code, sec. 164.) There was therefore no error in charging both defendants with costs.

The objections to the complaint are three in number,— namely: 1. That the official character of the plaintiff as administrator is insufficiently alleged; 2. That a…