Doran

On the thirtieth day of June, 1887, John Doran was the owner of a certain lot of laud in the city of San Francisco, and of seven hundred and seventy dollars, money on deposit to his credit in the Hibernia Savings and Loan Society of San Francisco. On that day he executed to the defendant, James Doran, a deed of the lot and an assignment in writing of the pass-book showing the amount to his credit in the said bank. John and James were brothers, and the sons of the plaintiff.

The plaintiff seeks by this action to have a trust declared in her favor as to the real and personal property so transferred.

The complaint alleges in substance that John was moved and induced to convey the said lot and assign the said bank account to the defendant solely by reason of the confidence he had in defendant, and because of the promise defendant then made to reconvey the lot upon request to his grantor, and to hold for his use the money, and the further promise in the event of John’s death to convey the lot to plaintiff, and to pay to her so much of the said money as might remain in his, defendant’s, hands; that John died on the fifth day of July, 1887, before any reconveyance of the land had been…