Wilmes

Mary Wilmes, an incompetent person, through her daughter and guardian ad litem, Katherine Wollwert, brought this action to secure, on allegation of lack of consideration, failure of delivery, fraud and undue influence, the cancellation of a certain deed to real property executed by her to defendant, her brother. Findings and judgment were made in favor of defendant. Plaintiff appealed. The only real issue in the case is that of the alleged insufficiency of the evidence to support the findings and judgment.

Respondent had been a resident of Willows for about thirty-seven years. The real property in question was located there and was known as the Burrington Apartments. Respondent had purchased it in 1920, but for personal reasons had had the title placed in the name of a cousin, Katherine Lentz. He and Miss Lentz operated the apartment together until dissension arose between them some time during the year 1922 and he then instituted an action to compel her to reconvey his property to him. During that year also respondent went east and brought his sister (appellant) back to live with him. He had been theretofore partially supporting her. She was without property or money, except…