Tanforan

Plaintiff sued, seeking a judgment canceling a deed which she had made to her former husband, and compelling a reconveyance to herself of the property so deeded. Her complaint charged in two counts. In both it is declared that the property so conveyed was her separate property owned by her in fee, subject to a life estate in her mother. This by the pleadings is admitted. In the first count she charged that differences having arisen between herself and her husband they had agreed to a separation, and had further agreed that the defendant would pay to the plaintiff upon such separation the sum of one thousand dollars, and for this sum the plaintiff would execute to her husband her deed conveying to him all of her right, title, and interest in and to the community property. The husband, the defendant herein, caused the articles of separation and the deed to be drawn, and they were presented to her in a notary’s office for execution. Plaintiff said to the defendant that she was too sick to read the documents and asked the defendant to state what the deed contained. The defendant then falsely and fraudulently represented to her that the deed was a deed to the community property which…