Daugherty v. Daugherty

George W. Daugherty, a married man, was the owner of a residence and a tract of land known as lots numbers 11, 12, and 13, in block number 8, in the town of Jackson, county of Amador, state of California, and was indebted in sundry sums of money amounting to say four hundred dollars, of which sums two hundred and five dollars was secured by a mortgage on the lots last mentioned.

On or about May 12, 1890, said George W. Daugherty filed a declaration of homestead upon his residence property, and conveyed to his mother, Mary Daugherty one of the respondents herein, by a voluntary deed of conveyance, in consideration of love and affection, the lots above mentioned. Besides the homestead and the lots thus conveyed said Daugherty, grantor, had no other property. Mary Daugherty, the mother and respondent, either paid off the mortgage on the lots conveyed to her, or advanced to her son and grantor the money necessary therefor, viz., two hundred and ten dollars, and the mortgage was satisfied. •

George W. Daugherty continued in possession of the property so conveyed, and collected to his own use the rents therefrom, amounting to twelve dollars per month, until his death, which occurred…