Barnes

A demurrer to the amended complaint was sustained; and plaintiff declining to further amend, judgment was rendered for defendant. Plaintiff appeals from the judgment.

The demurrer was properly sustained, and the judgment must be affirmed, because the complaint does not state facts sufficient to constitute a cause of action.

There are two counts in the complaint. In the first-it is, averred that on July 18, 1885, plaintiff conveyed and transferred to defendant certain real and personal property in consideration that defendant “ should and would marry plaintiff and live with him during the remainder of their joint lives”; that in pursuance of said promise defendant did the next day, July 19th, intermarry with plaintiff, and thenceforward lived with plaintiff as his wife continuously until some time in August, 1892, when she left plaintiff without his con *421 sent and, as he alleges, without just cause, and has since refused to live with him.

In the second count, after a restatement of the facts stated in the first count, it is also averred that at and immediately preceding the time of said marriage plaintiff was desirous of marrying “ some virtuous, worthy, chaste, and moral…