Springer v. Springer

Citations

• 6 Cal. Unrep. 662
• 64 P. 470
• 1901 Cal. LEXIS 1264

Syllabus

<p>Cancellation of Deed—Unsound Mind.—Plaintiff Deeded a lot to her son, retaining a life estate therein. In an action by her to cancel the deed, the attorney drawing it testified that at the time of executing it her mind was sound. There was no evidence that she was of weak intellect, though she was old and in feeble health. Held, that a finding that she was of sound mind will not be reversed.</p> <p>Appeal.—'Where the Evidence was Conflicting, a finding for defendants will not be disturbed on appeal.</p> <p>Cancellation, of Deed.—Where Plaintiff Conveyed a Lot to Her Son, and he conveyed) it to his wife, in an action by plaintiff to cancel her deed to the son findings that his deed to the wife was for a valuable consideration, and also for love and affection, were not prejudicial to plaintiff, the court having refused to cancel plaintiff’s deed.</p> <p>Deed.—Love and Affection is a Good Consideration for a conveyance of land by a husband to his wife, and will support the conveyance.</p> <p>Hew Trial.—Where the Statement on a Motion for a new trial certified by the judge contained a summary of the evidence, but made no mention of any exceptions to evidence or other errors of -law alleged to have occurred: at the trial, and excepted to 'by plaintiff, plaintiff’s remedy is not by motion to the trial court to amend the statement, but by petition to the appellate court.</p> <p>New Trial.-—Where, on Appeal from an Order Denying a new trial, the statement as certified by the trial judge contained a summary of the evidence, but made no mention of any exceptions to evidence or other errors of law alleged to have occurred at the trial, and excepted to by plaintiff, such exceptions and) errors cannot be considered.</p>