Denis

The plaintiff, in his complaint, alleges that on the twenty-ninth day of April, 1890, he made a deed of certain real estate, in said complaint described, wherein and whereby he granted, bargained, and sold said real estate to the defendant.

“ That said deed was made in view of death, and was intended by plaintiff to take the place of a will, for the *224 purpose of avoiding and doing away with the necessity of probate proceedings after the death of plaintiff, all of which was explained to the defendant and understood by her.

“ That by understanding with defendant, said deed was placed in her hands ostensibly for the purpose of enabling defendant, after the death of plaintiff, to establish the necessary proof as to the validity of said deed; but in fact it was understood by and between plaintiff and defendant that said deed should not take effect until after the death of plaintiff.

“ That after the acknowledgment of said deed by plaintiff, the same was retained by him, and remained in his possession until the wrongful taking thereof by defendant, as hereinafter stated. Said deed was never delivered to defendant.

“That it was further understood by and between plaintiff and…