Norton

This cause was originally decided on appeal by the district court of appeals for the second appellate district. The judgment of the superior court was there affirmed and on petition of appellant the case was ordered to this court to be reheard.

The action was brought to have a trust declared and for an accounting of the rents, issues, and profits and the proceeds of sale of a portion of the trust property. Plaintiffs obtained judgment and the defendant Bassett appealed from it and from an order denying his motion for a new trial.

It was alleged in the complaint that in February, 1895, the plaintiffs and one O. T. Bassett, who was the father of the defendant Charles N. Bassett, and the defendant Roll agreed to jointly purchase the Workmen Ranch, consisting of 814 acres of land in Los Angeles County, for the price of $44,-812.34, and that they should purchase and own the said lands in the following proportions, to wit, O. T. Bassett ten sixteenths thereof, the plaintiffs five sixteenths, and the said Roll one sixteenth; that 0. T. Bassett, in addition to paying his own proportion of the purchase price, would advance and loan to plaintiffs and Roll such amounts of money above what…