Forster

— These appeals are taken in the same original action which was commenced by the plaintiff against all the defendants to obtain a decree quieting his title to the premises in controversy.

The premises were granted in 1841 by Governor Alvarado to Andres and Pio Pico, and were finally confirmed to them by the authorities of the United States in 1866.

In 1862 Andres conveyed his interest to Pio, and the latter in 1864 executed and delivered to the plaintiff a deed of conveyance, purporting to convey to him the entire premises.

The defense set up by the defendant Pio Pico in this action is, that the interest which was conveyed by Andres to him in 1862 was, in fact, held by him only in trust for the grantor, and that the deed made by him to the plaintiff in 1864 was intended to convey only the undivided one-half of the premises, which belonged to Andres, the latter having agreed with the plaintiff that such a conveyance should be made. The question of fact upon this point was submitted to a jury, who found that Pio Pico intended, at the time of the delivery of the deed, to convey the whole, and not merely the one-half, of the premises to the plaintiff, and was not induced to make…