Merralls

The cross-complainant, Slawski, recovered judgment quieting title in him to one acre of a tract of land in Los Angeles County to which the appellant sought to establish title. From this judgment the cross-defendant has appealed.

It is contended the deed of conveyance to the cross-complainant’s one acre of land is invalid and void for the reason that the grantor was mentally incompetent to execute the instrument; that a confidential relationship existed between the grantor and grantee; that the deed was procured by undue influence and that the findings and judgment are not supported by the evidence.

The evidence is conflicting. Temperance Laura Merralls, a widow who was sixty years of age, owned twelve acres of land in lot No. 23 in Lankershim Ranch and Water Company’s subdivision of the city of Los Angeles. She had two children, for whom she entertained some enmity. The respondent was a mere acquaintance whom she had known for a brief period of time. August 6, 1925, she made a written agreement to convey one and a half acres of that tract of land to him in consideration of his services in constructing for her on the premises a “garage house”, clearing six acres of the land and…