Longmire

This is an appeal from a judgment canceling a deed of conveyance upon the ground of undue influence. The complaint also charged that the deed was the product of an unsound mind, and that it was procured by fraud. Upon both of these last-mentioned issues the trial court found for the defendant. The only question involved in this appeal is whether the findings and judgment are supported by the evidence.

For many years prior to the execution of the deed in question Madura Coyle, an old, partially blind and feeble widow, resided with her grandson, Hartley Kruger, at her home in Gustine, where he had lived since his childhood days. She had been twice married, and both of her husbands were dead. Her other relatives consisted of a son, S. Longmire, and his family, who lived at Turlock, and one other grandson, Roy Kruger, the brother of defendant. The grantor owned the premises where they resided, which was valued at three thousand dollars. She also had about one thousand dollars cash in bank. For many years both Hartley and Roy Kruger lived with their grandmother, who treated them as a mother would deal toward her own natural children. Some ten years prior to the making of the deed in…