Cooke

The defendant J. M. Darnell, in his own behalf and as administrator of the estate of his deceased wife, Emma Darnell, appeals from a judgment in an action brought by the respondent John Cooke to set aside a deed of grant, bargain and sale whereunder respondent and Walter Cooke, as grantors, purported to convey to Emma Darnell title to a ranch in Del Norte County containing 100 acres, it being alleged in the complaint that appellant obtained respondent’s signature to said deed by fraudulent means and without the payment of any consideration. On stipulation the action was tried before a jury sitting advisory to the court. Three special issues were submitted, all of which the jury decided in favor of respondent; whereupon findings by the court were waived and after adopting the special verdicts of the jury the court entered judgment for respondent.

The essential allegations of the complaint relating to the issue of fraud were as follows: “That the plaintiff was on November 26, 1919, a resident of and in Del Norte County, California, and was then unacquainted with legal documents and legal business, and was then on very friendly terms with said defendant, J. M. Darnell, and was then…