Soberanes

This action was brought to set aside a transfer of certain real estate, valued at one hundred thousand dollars, alleged to have been procured by defendant from his mother through the exercise of undue influence and artful schemes.

*142 The case is before us on the judgment roll alone. The court found the facts to be as follows: The plaintiff— now an incompetent person, represented by her guardian — is about sixty-five years of age, uneducated and illiterate. She has never been competent to attend to, understand, or transact the ordinary business of life, except such as relates to household duties, but in the latter respect has always been the head of the family, and discharged the duties of her position as a wife and mother with full competency, wisdom, and prudence. Plaintiff, at the time of the transfer, was in possession of all her natural mental faculties. Francisco Soberanos, plaintiff’s husband, died in 1887, leaving real and personal estate of the value of two hundred thousand dollars. During the latter years of his life he was mentally infirm, and surrendered the management of his business affairs to his son, the defendant, who acted as his agent and attorney in fact. The…