Soule

Soule v. Wyatt

Good Law
1916 Cal. App. LEXIS 97·30 Cal. App. 778·159 P. 447
Court of Appeal of CaliforniaJune 19, 1916Civ. No. 1515.California6,423 words

Opinion

Lead Opinion

Chipman, J.

Plaintiff commenced 'the action to set aside and have declared void a certain deed conveying to his daughter, Lottie M. Wyatt, one of the defendants, certain real property situated in the town of Washington, Yolo County, on the ground that “said deed was procured to be executed by the said defendants through the frauds and misrepresentations of said defendants, and by the undue influence exerted by the said defendants upon the said plaintiff at a time when he was enfeebled in mind and health and incompetent to make a deed or to dispose of his property, ’ ’ and that “plaintiff’s title to said property be quieted against said defendants and each of them.” The cause was tried by the court and plaintiff had judgment in his favor, from which defendants appeal.

The court made the following findings of fact: “1. The court finds all and singular the allegations of the plaintiff’s complaint to be true. 2. That the attorney who prepared the deed for the signature of the plaintiff was in no manner a party to the plan under which the said defendants procured the making of said deed, and the said attorney acted wholly without knowledge of the manner in which defendants did procure the making…

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