Boicelli

This action was one brought to quiet title to certain real property situated in Santa Clara County consisting of a ranch of some six acres. Both parties claim through a common ancestor, their father, Augustino Boicelli.

In support of his title plaintiff relied upon a deed of gift executed and delivered in escrow. Defendant claimed that this deed was procured by undue influence and fraud, and she charged in her pleadings that her father was of unsound mind at the date of its execution, and that it was, therefore, void. In her cross-complaint she asserted title through a grant, bargain, and sale deed executed by her parent to her two months before his death and some four years after the conveyance of the property to plaintiff. The consideration of this last alleged transfer consisted of her promissory notes.

Two trials were had. The first resulted in a judgment in favor of defendant. A motion for a new trial was made and granted, and judgment thereafter went in favor of plaintiff and this is an appeal therefrom.

The principal ground relied upon for a reversal is that the evidence is insufficient to overcome the presumption of undue influence that attaches to a conveyance by a…