Duffy

This action was brought by Bridget Duffy, as executrix of James A. Duffy, against Michael Duffy, for the purpose of compelling the defendant to convey to her, as such executrix, certain real estate situate in the city of Oakland, Alameda county, which, it is alleged, was bought by the said James in September, 1888, with his own money, but which was conveyed to the defendant, wffio it is alleged took such conveyance in trust for James, and that he still holds the same in trust.

The answer alleged that the whole of the purchase money paid therefor was the moneys of the defendant, and denied that the estate had any interest in the real estate, or that defendant held it in trust.

*604 The cause was tried by the court, and findings and judgment were for defendant, and this appeal is from the judgment and an order denying plaintiff’s motion for a new trial.

No question is made as to the sufficiency of the findings to support the judgment, nor as to the sufficiency of the evidence to support the findings, but it is insisted: I. That the court had no jurisdiction of the subject matter of the action; and 2. That the court erred in admitting certain evidence over plaintiff’s objection,…