Provensal

Provensal v. Michel

Good Law
1928 Cal. App. LEXIS 251·89 Cal. App. 594·265 P. 580
Court of Appeal of CaliforniaMarch 1, 1928Docket No. 6220.California1,797 words

Opinion

lead Opinion

Parker, J.

—This is an action in equity wherein plaintiff seeks to have set aside and declared of no effect a certain conveyance of real estate executed by her to defendant Joseph Michel. The property in question since the original transfer has been conveyed to other parties defendant. Prom a judgment in favor of defendants the plaintiff presents this appeal.

The complaint alleges that plaintiff was and is a widow, with little knowledge of the English language and having no familiarity with business transactions; that Joseph Michel, a trusted friend of plaintiff and her deceased husband, had, since the death of said husband, pursuant to a death-bed promise, been the confidential adviser of plaintiff and the one to whom she looked for guidance in her business affairs and in whom she placed full faith and trust; that she had no independent advice or no means of knowledge other than through said Joseph Michel.

Summing up the further allegations, the cause of action is that said Joseph Michel, to his own advantage and gain, abused this trust and confidence and, falsely representing to plaintiff that she was signing some document of minor importance, procured from her a deed conveying the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.