Hyde

The transcript contains a bill of exceptions, and the appeal is from the judgment. The findings were filed on the seventh day of January, 1885, and the notice of appeal on the tenth day of October, 1885.

As the appeal was not taken within sixty daj'-s after the rendition of the judgment, we cannot review an exception to the decision on the ground that it is not supported by the evidence. (Code Civ. Proc., sec. 839.)

The finding, “ that the said Michael Hyde did not *39 at any time deliver said deed to said Ellen Hyde, the person named therein as grantor,” is attacked by appellant on two grounds: 1. That it is not supported by the evidence; 2. That it is outside the issues.

For reasons already stated, we cannot consider the first of these grounds, and the second, in our opinion, is untenable.

The allegation of the complaint, “ that if the said Michael Hyde ever signed or acknowledged the said instrument, he was forced and unduly influenced to do so by the defendant, and he had not then, or at any time since the eighth day of May, 1882, sufficient strength of mind or body to execute or deliver the said deed, or to understand its provisions or covenants, and the said deed never…