What Mrs. MacDonnell is really contending, in essence, as she alleges, is that the deed did not conform to her understanding of the estate to be conveyed to her as a result of the agreement of February 28, 1931. But the insurmountable difficulty with this contention is that the agreement was entered into, and the conveyance was made, nearly nine years before this suit was filed. Besides, Mrs. MacDonnell was aware as early as November, 1933, that the gas, oil, and mineral rights were reserved to the grantor and excepted from the deed, and she made no complaint, nor did she claim ownership thereof. Moreover, the deeds exchanged in executing the deed of trust in March, 1931, as well as the quit-claim deed given Mrs. MacDonnell by herupon proper evidence.
The judgment of the court below in the specific performance action is affirmed.

As to the Award for Damages
In her complaint in the trespass action Mrs. MacDonnell alleged the jurisdictional facts; that she was the owner in possession of the Southeast Quarter of the Northeast Quarter of Section 28, etc.; that defendant (California Lands, Inc.), within three years next preceding commencement of the action, forcibly entered and trespassed upon plaintiff's property. The complaint then went on to allege a series of specific acts of trespass and damage, and concluded with a prayer for damages in the total *319 amount of $57,642. California Lands answered, alleging it conveyed the premises to plaintiff, reserving to itself the oil, gas, and mineral rights therein; that plaintiff had not then, nor