Goodrich v. Kimble

Citations

• 49 Wash. 516
• 95 P. 1084
• 1908 Wash. LEXIS 612

Syllabus

<p>New Trial — Newly Discovered Evidenoe. A new trial for newly discovered evidence is properly denied where no diligence was shown.</p> <p>Appeal — Review—New Trial — Discretion. The refusal of a new trial, asked on the ground of newly discovered evidence, will not be reviewed where no abuse of discretion appears.</p> <p>Cancellation of Instruments — Competency—Undue Influence ■ — Evidence—Sufficiency. The evidence is insufficient to warrant the cancellation of a deed on the ground of incompetency of the grantor, about seventy-three years of age, and because of undue influence, where it appears that the property, valued at $600, was deeded in consideration of an agreement by the grantee to pay $50 per year as long as the grantor lived, which was paid for nine years without complaint made by the grantor or any of her children with whom she lived most of the time, and she appears to have been competent to transact business and no advantage was taken of her.</p>