Lavely

This is an appeal by the defendant from a judgment setting aside and canceling a deed to certain real property and decreeing that plaintiff is the owner of an undivided one-half interest therein.

The plaintiff and defendant are father and daughter, respectively, and each is the owner of an undivided one-half interest in the property. In a complaint containing two counts, one grounded in fraud and the other averring undue influence, the plaintiff, a man well along in years, alleges that while he was in a weak and infirm condition and suffering from shaking palsy, he was induced to transfer and convey to the defendant his undivided one-half interest in certain real property situate in the county of Riverside, solely in consideration of and in reliance upon defendant’s oral promises and representations that she would properly care for him in her home for the remainder of his natural life. It is then alleged that defendant entered into the oral agreement with the fraudulent intent and purpose of obtaining title to the property and without any intention of performing her promise, which she has since breached. By way of a second cause of action plaintiff avers that he executed the deed…