Castro

Castro v. Geil

Good Law
110 Cal. 292·1895 Cal. LEXIS 1055·42 P. 804
Supreme Court of CaliforniaDecember 6, 1895No. 15820California1,236 words

Opinion

Lead Opinion

Haynes, J.

This action was brought by the plaintiff to quiet his title to a lot in the town of Monterey.

*294 On December 14,1882, Maria Antonia Pico de Castro, the mother of plaintiff, executed a deed purporting to convey said property to the plaintiff in fee simple. The deed was duly acknowledged, and two days thereafter was recorded. Said Maria Antonia Pico de Castro died December 12,1883, intestate. The defendants, claiming as heirs at law of said intestate, answered the complaint, and, at the same time, filed a cross-complaint alleging “ that at the time said Maria Antonia Pico de Castro signed said deed she was, from disease, old age, ignorance, weakness of mind and body, and from the undue influence and control exercised over her by said Juan B. Castro, mentally incompetent to manage her property, or of transacting any business whatever, and was then and there incapable to comprehend or understand, and in fact did not comprehend or understand, the character, nature, or effect of said transaction,” and that she was then, and for a long time prior thereto had been, of unsound mind. Defendants further alleged that said Maria Antonia Pico de Castro died intestate on December 12, 1883,…

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