Mattos v. Kirby

In an action to set aside a deed, a deed of trust, and to recover rental value of premises described therein, plaintiff recovered judgment setting aside said instruments and awarding her $2,030. Defendants Kirby and de Mello appeal.

Question’s Presented

1. Insufficiency of the evidence to support the findings (a) that the deed’s grantor was mentally incapable of understanding the transaction; (b) that a confidential relationship existed between the grantor and the grantee, * and (c) that there was no consideration for the deed.

2. That the court’s findings are inconsistent.

Evidence

At the time of…