White

This action, instituted for the purpose of setting aside and canceling a deed to certain mining property in Butte County, California, arose from the .following facts.- The plaintiff’s testate, Joseph Hendley, like other adventurous spirits, came to San Francisco as a sailor in the year 1847. He remained in California and later began traveling the trails to the different mining camps in the interior, eventually locating in Morris Ravine, a few miles from Oroville, in the county of Butte. Here he spent the rest of his life, living in a cabin by himself, after the custom of so many of the early mining pioneers, and procuring title to the mining land referred to in the pleadings in this action.

In 1910 Joseph W. Hendley, a nephew of the pioneer Joseph Hendley, came to California from Illinois and visited his uncle. Desiring that his mine remain in the Hendley family and also wishing to see the mine developed in his own lifetime, the uncle went with his nephew, on April 26, 1910, to the office of an attorney in Oroville and executed the papers which are the source of the present controversy. These papers consisted of a deed and an agreement. The deed was executed by the uncle and…