Klose v. Hillenbrand

Citations

• 88 Cal. 473
• 26 P. 352
• 1891 Cal. LEXIS 717

Syllabus

<p>Fraud — Weakness of Mind — Setting Aside Conveyance — Testamentary Deed — Unauthorized Delivery.—A conveyance will be set aside as having been procured by fraud and artifice, when the grantor was, at the time of the conveyance, advanced in years and of great weakness of mind, though not amounting to disqualification, and made the deed without adequate consideration or independent advice, and under the influence of deceptive advice of a relative of the grantee, and did not intend it to be delivered to the grantee until after his death, and the grantee obtained possession of it and recorded it fraudulently without any authorized delivery.</p> <p>Id. — Conditional Delivery of Deed — Fraudulent Delivery for Record— Pleading — Findings.—The complaint and findings showing that the deed was conditionally delivered to a relative of the grantee, who intentionally deceived the grantor for the purpose of procuring the deed, and that the grantee took possession of the deed from the hands of such relative, and caused the same to be recorded by him as though the same had been delivered by the grantor, when in truth and in fact the deed had never been delivered to the grantee, do not show any authorized or effective delivery to the grantee, but a possession and recording of the deed fraudulently obtained and made.</p>