Castro v. Geil

Citations

• 110 Cal. 292
• 42 P. 804
• 1895 Cal. LEXIS 1055

Syllabus

<p>Quieting Title—Cross-complaint—Fraudulent Deed—Undue Influence—Unsound Mind—Pleading—Statute of Limitations—Discovert.—In an action to quiet title against the heirs of plaintiff's grantor, a cross-complaint alleging that the deed under which the plaintiff claims was obtained by undue influence at a time more than ten years prior to the filing of the cross-complaint, when the grantor was, from disease, old age, ignorance, weakness of mind and body, and from such undue influence, mentally incompetent to manage her property, or to-transact any business, and that she was then and for a long time prior thereto had been of unsound mind, and seeking to cancel the deed, but, which does not allege any date at which the fraud and undue influence was discovered, is subject to a demurrer upon the ground that the cause of action therein stated is barred by the provisions of subdivision 4 of section 338 of the Code of Civil Procedure.</p> <p>Id.—Allegation of Discovert Necessary.—In an action to set aside a, deed on the ground of fraud, when the acts constituting the fraud occurred more than three years before the commencement of the action, the plaintiff must allege the discovery thereof within three years, in order to avoid the bar of the statute.</p> <p>Id.—Deed—Unsound Mind of Crantor—Vesting of Title—Void ability—Pleading—Limitation of Action.—A deed of a person of unsound mind, who is not under guardianship, vests a title, and is merely voidable, and not void; and the title cannot be divested otherwise than, by judicial action, or the voluntary conveyance of the grantee; and in an action to avoid it, the complaint must show upon its face that the-action is not barred by the statute of limitations.</p> <p>Id.—Equity Cases—Statute of Limitations—Laches.—The statute ol limitations relating to a cause of action for relief upon the ground of fraud applies to equity cases; and where the statute is applicable tha doctrine of laches, as applied in equity, need not he considered.