Murphy v. Crowley

Citations

• 7 Cal. Unrep. 49
• 70 P. 1024

Syllabus

<p>Limitation of Action—Recovery of Property Obtained by Fraud. A complaint states a cause of action, not for recovery of real estate, but for relief on the ground of fraud, which, by Code of Oivil Procedure, section 338, subdivision 4, is barred in three years, it being by a daughter of 0., deceased, against his second wife, and alleging that 0. being addicted to drink, so as to partially disqualify him from business and render him the prey of designing persons, defendant resolved to get possession of his property, and for this purpose married him, and shortly thereafter, in pursuance of this purpose, while from drinking he was not able to intelligently transact business, she, by influence of her superior will, got him to deed property to her, and title to property which he bought was taken in her name at her instance and dictation, he being compelled thereto and overpowered by her will; and the prayer being that it be adjudged that the conveyance was obtained by fraud and undue influence, and that it be set aside, and that the title to the second lot was taken in her name throúgh fraud and undue influence, and that she holds it in trust.</p>