Corbin

This action was instituted to obtain a decree canceling a deed given to defendant Emma E. Howard by Frank II. Corbin, of whose estate the plaintiff is the residuary legatee. The ground of cancellation insisted on was that the grantor, to the grantee’s knowledge, was mentally incompetent to contract, and that the grantee fraudulently took advantage of the weak mind of the grantor. Frank II. Corbin, by deed executed the twenty-eighth day of July, 1916, conveyed to Emma E. Howard certain real property situated in the county of Tulare. Thereafter the said Howard conveyed said land to defendant Lafayette G. Daily, and this defendant, with his wife, the defendant Effie Daily, conveyed the property to defendant A. G. Steuber, who in turn conveyed it to his wife, defendant Laura Steuber. The Steubcrs borrowed a thousand dollars from defendant Heilman Commercial Trust and Savings Bank, and gave a trust deed, covering said property, to the bank as security for said loan. The action was commenced in March, 1920. Summons was served upon all the defendants except the two Dailys, who it appears resided out of the state. Defendant Howard made default, and the defendants A. G. and Laura Steuber,…