Plass

This action is brought to obtain a decree that Charles W. Plass, deceased, held an undivided one-third of the premises described in the complaint, in trust for plaintiff, and that plaintiff is the owner of an undivided one-third of said property. Plaintiff had judgment, from which the defendants, Phillip Plass, as executor and individually, and Charles Plass, Jr., appeal upon bill of exceptions. Briefly stated, the court found that a resulting trust arose in favor of plaintiff in the property first described in the complaint, known as the “Haskell ranch,” by reason of plaintiff’s having paid one-third of the purchase price thereof; and a like trust in the property next described, known as the "Goodrich ranch,” by reason of its having been purchased with the income of the “Haskell ranch,” of which income plaintiff was one-third owner.

1. Appellants contend that the evidence is insufficient to jus *6 tify the decision of the court, for the reason that certain findings upon which it rests are unsupported by the evidence.

First. That the purchase price of the Haskell ranch was-found to be six thousand dollars, whereas the evidence showed that it was four thousand dollars; and,…