Marron

This is an appeal from a judgment following the granting of a motion for nonsuit in an action brought by the plaintiff to set aside a transfer of real and personal property.

On and prior to the twenty-second day of April, 1907, Thomas F. Marrón was the owner of certain pieces of real property situated in the city and county of San Francisco. He was married and had one child, aged four months. On the above-mentioned date he made a deed and an assignment, purporting to convey to Mary Marrón, one of the defendants, the real and personal property described in the complaint. About three months thereafter he died, and subsequently the plaintiff, his wife, was appointed the administratrix of his estate, whereupon she brought this action to set aside the deed and bill of sale to said properties, upon the grounds that Thomas F. Marrón was of unsound mind at the time the instruments of conveyance were executed; that they were procured from him by undue influence and by fraud practiced upon him by the defendant Mary Marrón.

After the plaintiff had closed her case, the court granted a motion for nonsuit on the ground that plaintiff’s evidence failed to show that, at the time of making the…