Gibson v. Westoby

VALLÉE, J.

Appeal by plaintiff from an order granting a new trial in an action by an incompetent for a decree that a conveyance made by him was void.

On November 3, 1927, the District Court of Curry County, New Mexico, found that plaintiff “is a person of unsound mind, insane and incompetent to look after his own affairs and it is so ordered by the Court” and appointed a guardian of his person and estate. This judgment was in full force and effect at least until January 16, 1950.

On June 28, 1949, the probate court of this state, in and for the County of Los Angeles, under the provisions of section 1460 et seq., of the Probate Code, found that plaintiff “is unable, unassisted, to manage and take care of himself or his property,” adjudged that he was incompetent, and appointed a guardian of his person and estate. This judgment has been in full force and effect at all times in question.

On June 8, 1949, a deed purporting to have been signed and acknowledged by plaintiff on November 18, 1948, granting a parcel of realty, a part of his estate, to John McMahon, was recorded. Plaintiff’s guardian did not join in the deed, and no court order was ever made authorizing its execution.

On June 27,1949, John McMahon signed and acknowledged a deed conveying the parcel of realty to defendants. This deed was delivered to defendants in the latter part of August, 1949, and was recorded September 6, 1949.

On the trial of the action the court found the facts stated and rendered judgment for plaintiff quieting his title in the realty. Defendants’ motion for a new trial was granted on

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the grounds of insufficiency of the evidence to support the findings and “error of law.”

The foregoing facts are undisputed. An inquisition of insanity found in a sister state is entitled to the same faith and credit as it receives in the state where it was found, as to the issues decided. (44 C.J.S. 92, § 32d.) The New Mexico statute provides that the district court having supervision of the guardian of the estate of an insane or incompetent person shall have the power, upon the petition of any interested party, to order and direct the sale or conveyance of any part of his estate, real or personal, or both, upon such terms and under such conditions as, in its discretion, it may deem fit and proper. (2 N.M. Stat. 1941 Anno. § 35-207.) In