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Date Submitted: 08/02/2011 06:26 PM
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Analogizing and Distinguishing Cases |
Donnelly v. Reese, 141 Cal. 56 (Cal. 1903)
“An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased, who was known to be an habitual drunkard for more than five years before the execution of the deed, to an extent seriously to impair his mind, and who was so intoxicated at the time as to render him unfit to transact business, and entirely incapable of realizing, understanding, or attending to the transaction”.
Guidici v. Guidici, 2 Cal.2d 497 (Cal. 1935)
“In this action to cancel a deed to real property, the evidence that plaintiff at the time of signing the deed was in such a state of mind, due to long and excessive drinking of intoxicating liquor, that he did not know what he was doing, and that he had no recollection of signing the deed, was sufficient to support the finding that he was mentally incapable, at that time, of understanding the nature of his act in the signing and execution of said deed, and such finding could not be disturbed on appeal even though there was considerable conflict in the evidence”.
Marron v. Marron, 19 Cal.App. 326 (1 Dist. 1912)
“Where it appears that the mother, in the temporary absence of the wife, acquired exclusive control of her son, to the exclusion of his wife, and that the son was habitually a drunkard, and that she took advantage of his drunken condition to secure a transfer of his property to herself, the notary who drew a blank deed and bill of sale, believing that the transfer was to be to the wife, so expressed himself, which expression she failed to correct, and also failed to produce the deed for comparison of handwriting, claiming that it was mislaid in her home, it is held that the circumstances, taken together, are sufficient to cast the burden upon her to prove that no imposition was...