Hutchins

This cause is a by-product of a controversy said to have existed between a man and his wife, who lived together as such for a period of sixty-four years. The scene opened with an ordinary simple action to quiet title to an undivided half-interest in certain Los Angeles property known as the Spokane Hotel. The defendant replied with a general denial of all claims made and rested its possession and right to possession of the property in suit upon a conveyance thereof to it in trust executed by the plaintiff’s testate, Caroline L. Hutchins and her husband, John S. Hutchins, on December 24, 1913. The answer was verified and plaintiff failed to deny the genuineness and due execution of this instrument.

The action was begun on December 11, 1923. On these pleadings the cause went to trial on November 9, 1925, and it soon developed that the sole issue was the claim of the right to rescind said instrument and annul it in so far as it applied to the decedent, Caroline L. Hutchins upon the ground that her signature thereto was induced by the fraud and undue influence of her husband the co-grantor therein. Plaintiff demanded and received, over the vigorous objections of defendant, the right…