Ellen

This action was brought by the plaintiff against the defendants as the administrators of the estate of Emma J. Eegli, deceased. The plaintiff obtained a verdict and judgment against the defendants in their representative capacity as prayed for, and from that judgment this appeal is taken, on the judgment roll and a bill of exceptions.

The facts set up in the complaint were, in brief, that Elle Ellen, an incompetent person, who sues by his guardian, had been induced by his daughter, Mrs. Eegli, *257 to make her a gift of $15,850, which gift, “by reason of the premises, is utterly void, and the conversion of the said money was wrongful and without consideration.”

The grounds which the plaintiff claims that he- relied on to sustain his contention are, that the gift was made by an incompetent person while being unduly influenced.

Upon the trial, when evidence was sought to be- introcuced as to the .fraud and undue influence claimed to have been exercised by Mrs. Begli in her- life-time,, and to have induced the gift, the defendants- objected that such evidence was inadmissible under the pleadings, that no such issue was tendered by the complaint,, and that the only issue tendered…