Robinson

This is an action to set aside and annul a deed executed by the plaintiff to E. M. C. Vail, wife of G. C. S. Vail, of an undivided half of certain hotel property situate in the county of Shasta. The relief was asked for on the ground of fraud, and on the ground also that 'the deed was void for want of consideration. The defendants answered separately, each denying all the allegations of the complaint. The case was tried by the court and the plaintiff was nonsuited. One of the grounds of nonsuit given in the written opinion of the court is that there was no evidence tending to prove the fraud alleged in the complaint. The appeal is from the judgment.

The testimony of the plaintiff tended -to prove that G. C. S. Vail and E. M. C. Vail were husband and wife, and that on the 30th of June, 1860, the plaintiff and Mrs. Vail entered into a written contract whereby he bound himself to convey to her his interest in the hotel and furniture for the sum of ten thousand dollars, payment to be made in part by a transfer of certain cattle belonging to Mrs. Vail, and the balance of the purchase money was to be secured by her promissory notes secured by mortgage on the property. The evidence…