Yordi
Yordi v. Yordi
Opinion
Lead Opinion
Chipman, J.
Action to compel a reconveyance of real property from defendants to plaintiff. Plaintiff had judgment, from which and from the order denying their motion for a new trial defendants appeal.
Plaintiff and Fred Yordi, father of defendants, intermarried on July 5, 1898; on their wedding day, and before the wedding ceremony, Yordi conveyed the premises in dispute to plaintiff, by deed of gift; at that time Yordi was a widower and occupied the premises togéther with his children, three sons and three daughters (the latter defendants); thereafter he continued to reside thereon with plaintiff and defendants, at the town of Clover dale, until his death, May 22, 1901; plaintiff’s deed was not recorded until November 14, 1900, and on November 20, 1900, plaintiff reconveyed the premises to her'husband, which was recorded November 21, 1900, and on Hay 3, 1901, he conveyed the said premises by deed of gift to defendants, which was not recorded until May 22d, on the day of his death. The deed from plaintiff to Yordi purports to be a grant, bargain and sale conveyance and recites a consideration of $10, but the uncontradicted evidence was, and the court found, that it was without consideration.…