Kelley

After due consideration of this cause in Bank we are satisfied with the conclusion reached in Department; and for the reasons given in the opinion delivered in Department, the judgment and order appealed from are reversed.

Henshaw, J., Harrison, J., Yan Fleet, J., and Garoutte, J., concurred.

The following is the opinion rendered in Department Two, January 7, 1897:

McFARLAND, J.—On the fourteenth day of June, 1884, the plaintiff made a conveyance by deed of the land described in the complaint to H. K. Owens. The consideration of said conveyance was fifty-five thousand two hundred and forty shares of the capital stock of a certain corporation called the Pacific Coast Steel & Iron Manufacturing Company. The certificates of said shares were in the name of the said Owens, and he delivered them to the plaintiff, who had new certificates issued to herself for said shares. Shortly after the conveyance of said land to said Owens he conveyed the same by deed to his wife, Helen M. Owens. This action was commenced against the said H. K. Owens and his wife, *506 the said Helen, for a rescission of the said exchange of properties- and a reconveyance of said land to the plaintiff. During the…