Hudson v. Leopold

Gregory, Justice:

This is an action to rescind a deed. Respondent’s complaint alleged undue influence and incapacity. The trial judge, without reference, found the deed to be the product of undue influence. This appeal followed. We reverse.

First, appellant argues the trial judge erred in placing with her the burden to disprove the allegation of undue influence. The lower court reasoned the confidential relationship between the parties gave rise to a presumption of undue influence, thus shifting the burden of proof. This was error.

A deed regular and valid on its face raises a presumption of…