Shirley

This action in ejectment was brought by Mrs. L. F. Shirley, the mother of one Frank B. Shirley, deceased, against his widow and. her tenant, H. M. Kutehin. An answer and cross-complaint was filed by the defendants, alleging a parol gift of the premises in controversy by the plaintiff to her son, Frank B. Shirley; that he was dead, and had left by will all his property to his said wife; that he had, before his death, complied with all the conditions of the parol gift and promise made by his mother, and asking for a specific performance thereof. The contentions thus raised were submitted to a jury upon special issues, all of which were found in favor of the defendant, Kate Shirley.

The court below declined to accept the advisory verdict of the jury, and rendered a decision upon the issues made directly contrary thereto, and judgment was entered accordingly.

*46 The appeal here is taken from that judgment, and from an order refusing a new trial.

The only real contentions here are, whether the court was guilty of an abuse of discretion in finding, as it did, upon the allegations of the cross-complaint, and in refusing to admit certain evidence.

In a contest of this kind, to…