Rodriguez

The trial court awarded á judgment against the defendant quieting the title, to a small farm located in Santa Cruz County and from that judgment the defendant has appealed under section 953a of the Code of Civil Procedure.

Alfred Rodriguez, the deceased, Frank 0. Rodriguez, the defendant, Melquicidec J. Rodriguez, A. B. Rodriguez, and Santa Arana were 'brothers and sisters, and Charles Warden, Lucille Warden, and Lizzie Warden Marini were nephews and nieces of the above-named persons, and the family relations existing among them seem to have been altogether friendly. The deceased had been the owner of the farm in question for twenty years or longer. The county of Santa Cruz instituted proceedings to condemn a right of way for a public road across the farm and the deceased became very much excited and worried over the condemnation proceedings. He employed Mr. Charles B. Younger to act as his attorney in the condemnation proceeding, hut continued, nevertheless, to worry and fret regarding the outcome of that litigation. Later he became obsessed with the opinion that if he should deed the farm to someone else that said act on his part would defeat the condemnation proceeding. So…