Hyland

— Plaintiff appeals from a judgment of nonsuit, and from an order refusing a new trial.

*579 Plaintiff’s father, as she avers, died June 5, 1858, leaving, as heirs, plaintiff, aged eight years, and her brother, aged about fourteen. Her mother had previously died. Her father was the .owner, at the time of his death, of the lot in controversy. Just before her father’s death, her aunt, who was a widow with three children, the present defendants, came to live with her father on the lot in suit, and plaintiff became at once a member of her aunt’s family, and lived with her until her own marriage, in 1879.

While she was a minor, living with and. in the custody of her aunt, her aunt represented to her that her brother would get her property from her, and said if plaintiff would convey it to her she would hold it in trust for plaintiff. Upon this representation'and agreement, she conveyed her right to her aunt; that by mistake the deed was made absolute in form, and purported to be made for a consideration of five hundred dollars; that she and her aunt were both ignorant of this fact; that she received nothing for the conveyance, and did not discover the mistake until after the death of…