Crowther v. Rowlandson

Citations

• 27 Cal. 376

Syllabus

<p>Proof of Insanity. — Proof that at the time a grantor delivered a conveyance of property to the grantee, he was incapacitated from taking a rational care of his property by reason of mental delusion, is sufficient to justify a Court in setting aside the conveyance on the ground of the insanity of the grantor. A total loss of understanding is evidence of an imbecile rather than of an insane mind.</p> <p>Limitation of Action to set aside Deed of Insane Man. — If a person, while insane, is fraudulently induced to execute a conveyance of his property to another, the Statute of Limitations will not commence running against the grantor’s right to commence an action to set aside the deed, until he recovers his reason and discovers what he has done.</p> <p>Motion for New Trial after Reference.—If, after the Court has filed its findings of fact, and made an order sending the case to a referee to take and state an account, a motion is made for a new trial, the motion will not stay the proceedings pending before the referee.</p> <p>When Notice to move for New Trial should be Given. — If the case is tried by the Court, and findings of fact are made and filed, and the case is then sent to a referee to take and state an account, the necessary steps to apply for a new trial should not he taken until the final report of the referee is filed.</p> <p>Statement must Specify Error.—On appeal from an oi¡der denying a new trial, the appellate Court will not entertain an objection, however well founded, unless it is specified as an error in the statement.</p> <p>Taking an Account by a Referee.—If a conveyance is set aside at the suit of the grantor, because of his insanity at the time of its delivery, the account taken under the decree should include such property only as passed into the hands of the grantee under the transfer.</p> <p>Estoppel in Relation to Deposition.—If a commission to take the deposition of a witness out of this State is issued, on the application of one party with