Thielen

Thielen v. Thielen

Good Law
1919 Cal. App. LEXIS 391·41 Cal. App. 312·182 P. 806
Court of Appeal of CaliforniaMay 28, 1919Civ. No. 2656.California879 words

Opinion

Lead Opinion

Shaw, J.

In this action plaintiff, as administrator of-the estate of his deceased mother, Regina May Thielen, sued to quiet title to certain real estate described in the complaint, and to have a deed made by said decedent to Lillian R. Thielen, and under which she claimed title to the property, canceled and annulled.

An appeal is prosecuted from the judgment entered in favor of defendant.

As alleged in the complaint, the grounds upon which plaintiff sought the relief asked for were that at the time when deceased made and executed the deed she was of unsound mind and mentally incompetent to transfer the property, and that no legal delivery of the deed was ever at any time made.

As to both of these allegations, denied in the answer, the court, in accordance with the special verdict of the jury to which the issues were submitted, found adversely to plaintiff. Appellant challenges the findings, claiming the evidence is insufficient to support them.

[1] As to whether at the time of the execution thereof the grantor in said deed was of sound mind and in mental condition to execute a valid conveyance of the property, there is a sharp conflict of evidence, in the consideration of which the…

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