O'Grady

This is an appeal from a judgment entered after granting respondent’s motion for a nonsuit. Appellant has also attempted to appeal from an order denying her motion for new trial.

Elizabeth O’Grady is the mother of Plarry O’Grady, who had several brothers and sisters. Grace Evans, a daughter of Mrs. 0 ’Grady, was appointed guardian of her person and estate on April 13, 1931, she qualifying the next day. The only other information we have of the contents of the order appointing the guardian is the allegation of the complaint that the court “adjudged said plaintiff (Elizabeth O’Grady) to be incompetent”.

The complaint seeks to cancel a deed dated August 30, 1930, from Elizabeth O’Grady to Harry O’Grady, conveying to him a house and three lots in Perris, Riverside County, and to recover the sum of $725 alleged to have been paid to him. While the complaint is not artistically drawn, we believe that in the absence of an exception to the sufficiency of the pleading in the trial court, its allegations are sufficient to sustain a recovery on two grounds: Undue influence on the part of the defendant and mental incompetency on the part of Mrs. O’Grady.

The motion for nonsuit made at the…