Owens

This is an appeal from a judgment, the evidence being brought up for review by a bill of exceptions.

The action is prosecuted by Maria B. Owens against Alice McNally, as administratrix of the estate of Lawrence McNally, deceased, and against Alice McNally individually, with whom are joined as defendants all the other heirs at law of said Lawrence McNally.

The action was to compel specific performance of a contract averred to have been entered into by and between plaintiff and Lawrence McNally. In the year 1881 plaintiff was eighteen years old, and was living with her parents in the state of Michigan. Lawrence McNally was the brother of plaintiff's mother, and at that time resided in the city of Eureka, in Humboldt county, state of California, where he continued to reside until his death. “ In 1881 said Lawrence McNally had never been married, and was fifty-four years old, and in- said year he went to the state of Michigan, and then and there represented to plaintiff, and to her parents, that he was possessed of money and property worth more than twenty thousand dollars, and that he had no one to care for him, and that he desired that plaintiff should leave her home and parents…