Blackledge

Blackledge v. McIntosh

Good Law
1927 Cal. App. LEXIS 496·85 Cal. App. 475·259 P. 770
Court of Appeal of CaliforniaSeptember 19, 1927Docket No. 5957.California3,194 words

Opinion

Lead Opinion

Preston, J.

Two appeals are here presented under one record, an appeal by plaintiff from a judgment of nonsuit in one case and from a judgment in favor of defendant in the other.

Plaintiff brought one action as administratrix of the estate of her mother, Ellen M. McIntosh, deceased, to cancel certain deeds made by her mother to her sister, May J. McIntosh, the defendant. Plaintiff also brought another action, in the same capacity, against defendant for an accounting for certain personal property and the proceeds of the sale of certain other real property, which plaintiff alleged belonged to the estate of her mother, Ellen M. McIntosh, which had been sold by defendant and the proceeds retained by defendant.

The two cases were tried together by the court, sitting without a jury, with the result above mentioned.

This appeal involves the delivery of four deeds signed and acknowledged by Ellen M. McIntosh, as grantor, to May J. McIntosh, as grantee. The facts are briefly these: Ellen M. McIntosh was a widow and since the death of her husband, which occurred some time prior to November, 1912, had lived with her unmarried daughter, May J. McIntosh, the defendant, and grantee in the deeds in…

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