Piercy v. Piercy
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. J. R. Welch, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
By a verified complaint this action was begun by Mary J. Pierey to set aside a deed in which she was the grantor and her son, Edward M. Pierey, the grantee, and after her death, the administrator, another son, was substi tuted as the party plaintiff. The consideration for the deed was “love and affection.”
The trial court found in favor of plaintiff, adjudging the deed void on the ground that it was obtained by undue influence. There was also a finding that the deed was not delivered. Both theories were adequately presented in the complaint, and it is manifest that the finding as to each is…
2Cases cited26 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Allore v. JewellSupreme Court of the United States · 1877
- Bury v. YoungCalifornia Supreme Court · 1893
- Kenniff v. CaulfieldCalifornia Supreme Court · 1903
- Moore v. TrottCalifornia Supreme Court · 1912
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3Cited by31 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Herbert v. LankershimCalifornia Supreme Court · 1937
- Cox v. SchnerrCalifornia Supreme Court · 1916
- Campbell v. GenshleaCalifornia Supreme Court · 1919
- Smith v. LombardCalifornia Supreme Court · 1927
26 more not listed; retrieve them via the Exa API.