Maggini v. Pezzoni

Citations

• 76 Cal. 631
• 18 P. 687
• 1888 Cal. LEXIS 953

Syllabus

<p>Deed—Cancellation fob Invalidity—Pleading. — In an action to set aside a deed for unsoundness of mind of the grantor, and undue influence alleged to have been exerted over him by the defendant, an objection that the complaint does not positively allege that he executed the deed to the defendant must be raised by demurrer, or it will be disregarded as a defect not affecting the substantial rights of the parties, if there is an attempt to allege it, and the court finds as a fact that the deed was executed by the grantor to the defendant.</p> <p>Id.—Unsoundness of Mind — Undue Influence — Want of Considebation. — A finding that the grantor at the time of executing the deed was of unsound mind, and that he made it without consideration, will sustain a judgment setting aside the deed, though it be found that no unfair advantage was taken or undue influence exercised over the grantor by the defendant.</p>