Cox

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 373 Plaintiff sued to quiet title to certain property in Nevada County. Defendant filed an answer and a cross-complaint and the latter was answered by plaintiff as cross-defendant. A trial was had upon the issues joined, the cause having been transferred for convenience of witnesses to Sacramento County. Judgment was given in favor of the defendant and cross-complainant. Plaintiff appeals from the judgment, and from an order denying his motion for a new trial. The plaintiff's alleged title was based upon an instrument which was in form a deed. This writing was dated March 5, *Page 374 1906, and purported to be a conveyance by Annie E. Carpenter of the real property here in controversy. Both by his answer and his cross-complaint defendant attacked this deed, upon the ground of plaintiff's fraud. Undue influence exercised by the grantee, Cox, over the grantor, Annie E. Carpenter, her inability because of her confidence and trust in the plaintiff and by reason also of her inordinate use of intoxicants to understand the nature of the instrument,…

Hearing in Bank denied. *Page 385