Etchepare

This appeal is from an order denying defendant’s motion to dissolve an attachment. The motion is based upon the grounds: 1. That the writ was improperly issued, because the action is equitable in its nature; 2. That the action is not founded upon either an express or implied contract for the direct payment of money; and 3. That the writ was irregularly issued, because the amount stated in the writ was not in conformity with the plaintiff’s demand as stated in the complaint.

The plaintiff is the widow of Miguel Leonis, who died in September, 1889, leaving an estate of the value of about $125,000. She speaks Spanish, but cannot read or write any language, and was wholly inexperienced in business. The complaint further *409 alleges that shortly after her husband’s death the defendant advised her that she was in great danger of losing her husband’s estate, and induced her to appoint himself as her agent to take charge of her interests pending the settlement of the estate, and for this purpose he prepared and procured her to execute an irrevocable power of attorney empowering him to sell, mortgage, or hypothecate her property, real and personal. The complaint then proceeds to charge…