The Pacific Reporter, Volume 114West Publishing Company, 1911 - Law reports, digests, etc |
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Page 33
... DEEDS ( § 72 * ) — “ Undue INFLUENCE . " " Undue influence , " to justify the setting aside of a deed , must have been such as to over- come the will of the grantor , and to destroy , to some extent at least , the free agency of the ...
... DEEDS ( § 72 * ) — “ Undue INFLUENCE . " " Undue influence , " to justify the setting aside of a deed , must have been such as to over- come the will of the grantor , and to destroy , to some extent at least , the free agency of the ...
Page 34
་ The appellant seeks to have said deed can- celed and declared void for the reason , as alleged by him , that the respondent secured the execution and delivery of the said deed by undue influence , and that the said undue influence ...
་ The appellant seeks to have said deed can- celed and declared void for the reason , as alleged by him , that the respondent secured the execution and delivery of the said deed by undue influence , and that the said undue influence ...
Page 35
... deed in question was executed . Mrs. Alice Turner , wife of appellant , tes- tified that she had not seen Lucinda Turn- er very often during her lifetime ; that the last time she saw her was during the year 1905 - five years before the ...
... deed in question was executed . Mrs. Alice Turner , wife of appellant , tes- tified that she had not seen Lucinda Turn- er very often during her lifetime ; that the last time she saw her was during the year 1905 - five years before the ...
Page 36
... deed in question was executed , we think deed to Mrs. Turner at the time I took the that the testimony given by the officer who acknowledgment because Mr. Cahalan read took the acknowledgment and by the wit- it over to her carefully ...
... deed in question was executed , we think deed to Mrs. Turner at the time I took the that the testimony given by the officer who acknowledgment because Mr. Cahalan read took the acknowledgment and by the wit- it over to her carefully ...
Page 37
... deed ? ' ' Why , isn't that all ? ' ' Well , ' said I , ' for Mr. Williams I prepared deeds , and then I pre- pared a lease from the children that he deeded to , a life lease ; he was to pay , ' said I , a dollar on the first day of ...
... deed ? ' ' Why , isn't that all ? ' ' Well , ' said I , ' for Mr. Williams I prepared deeds , and then I pre- pared a lease from the children that he deeded to , a life lease ; he was to pay , ' said I , a dollar on the first day of ...
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Popular passages
Page 86 - The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Page 307 - AD eighteen , at the county of (here set forth the act or omission charged as an offense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California.
Page 235 - The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true...
Page 150 - Provided: That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
Page 195 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title in due course.
Page 195 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 262 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 97 - If against a minor, under the age of fourteen years, residing within this state: to such minor, personally, and also to his father, mother, or guardian; or if there be none within this state, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed.
Page 189 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; 2.
Page 12 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.