Alton

Alton v. Haywood

Good Law
136 Cal. App. 191·1934 Cal. App. LEXIS 1060·28 P.2d 385
Court of Appeal of CaliforniaJanuary 8, 1934Docket No. 5028.California1,022 words

Opinion

Lead Opinion

Lemmon, J.

Plaintiff appeals from an adverse judgment in an action brought to have declared a trust in certain real property. Respondent has neither filed a reply brief nor presented an oral argument on this appeal.

Two causes of action are set forth in plaintiff’s amended complaint. The first alleges that plaintiff is the surviving mother of the deceased, Allie Fred Haywood, and that she had instructed a notary public to prepare a deed of gift in joint tenancy from plaintiff to her three children, one of whom was said Haywood; that thereafter and at the request of the notary public she affixed her signature to a deed which at the time was blank' as to the names of the parties to the deed, date and description of the property to be conveyed; that the notary thereafter filled in the blanks and inserted the names of the grantees, who, under the terms .of the deed, were constituted tenants in common instead of joint tenants; that plaintiff signed the deed relying upon the notary to prepare the same in the form she had instructed. The second cause of action sets forth, in addition to the above allegations, that plaintiff was seriously ill at the time of the signing of the deed and that the deed…

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