Baker

The plaintiff brought this action to establish a trust in certain lands in the city and county of San Francisco against the defendant Brickell. Maria Baker Batchelder, the mother of plaintiff, was made a party defendant, but failed to appear, and her default was duly entered. The case was tried, and judgment given and entered in favor of the plaintiff. From that judgment, and an order denying his motion for a new trial, Brickell appealed to this court, where the judgment and order were reversed and the cause remanded. (Baker v. Brickell, 87 Cal. 329 .) When the case went back to the trial court the plaintiffi filed an amendment to his complaint and also a supplemental complaint. The defendant demurred to the supplemental complaint, and his demurrer was sustained. The case was then again tried, and the findings and judgment were in favor of the defendant, from which judgment and an order refusing him a new trial the plaintiff prosecutes this appeal.

In the opinion delivered on the former appeal the facts of the case are very fully stated, and the law applicable thereto is declared. And in the late case of Whelan *622 v. Brickell, 33 Pac. Rep. 396 , an action prosecuted by the…