Peiser

Peiser v. Griffin

Good Law
125 Cal. 9·1899 Cal. LEXIS 789·57 P. 690
Supreme Court of CaliforniaJune 8, 1899S. F. No. 1091California1,708 words

Opinion

Lead Opinion

Henshaw, J.

Lemuel Peiser for himself and as guardian ad litem of Edwin A. Peiser, his minor son, sued Thomas H. Griffin and Minnie L. Peiser, his wife. He alleged that on May 1, 1889, two certain lots of land in San Francisco were purchased with his money, and “that the deed of conveyance was had and made in the name of Minnie L. Peiser for the purpose of and in trust for plaintiff and said Minnie L. Peiser, and the child of parties, Edwin Adair Peiser”; that Thomas H. Griffin conspired with Minnie Peiser to defraud plaintiffs of their property, and, exercising undue influence upon her, induced her to convey and transfer the property to him. A judgment was sought restraining Griffin from alienating the property and set *11 ting aside Mrs. Peiser’s deed to him. This complaint was filed on June 26, 1889.

Griffin answered denying the charge of undue influence. In October, 1890, W. B. Bradbury was allowed to intervene, and filed his complaint, in which he set up that without notice and for a valuable consideration he had upon June 24, 1889, purchased the property from Griffin. The answer to this complaint in intervention consisted of denials and an iteration of the matters pleaded in the…

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