Woolverton

— The plaintiff alleged in her complaint that on December 3, 1878, she was the owner of certain land ir Humboldt County, which on that day she conveyed to the defendant, Erastus J. Baker, upon the consideration and condition that he would henceforth apply a sufficient portion of the rents thereof for her support and maintenance during the remainder of her natural life; that this was the only consideration for the said conveyance; and that the said defendant accepted the same upon the said consideration and condition, and that he has not since the 1st of July, 1890, applied any portion of the rents to her support, or performed any of the conditions expressed in said conveyance; and the plaintiff prayed the judgment of the court that the defendants be directed to reconvey the lands to her. The defendants answered, denying the allegations of the complaint, and set up as a special defense that in a former action between the same parties, involving the same cause of action, judgment had been rendered in their favor, and against the plaintiff. Upon the trial the court sustained this defense, and judgment was entered in their' favor, from which the plaintiff has appealed. The question…