Guidici v. Guidici

THE COURT.

This action was instituted by the plaintiff to cancel and set aside a deed to certain real property situated in Sierra County, executed by him in favor of the defendant, on the ground, as alleged in the complaint, “that at the time of the making of said deed the plaintiff, due to his age and due to the fact of his protracted and excessive drinking of alcoholic liquors . . . was entirely incapable of understanding his act in the execution of said deed, and was possessed of a great weakness of mind and was subject to the imposition and undue influence of defendant”. The court found this allegation of the complaint true, and further found that there was no consideration for the execution of said deed, and rendered judgment setting aside and canceling said deed. From this judgment the defendant has

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appealed, and in support of her appeal contends that the evidence is insufficient to support the findings of the trial court.

The evidence in the ease shows that at the date of the execution of said deed the plaintiff was sixty years of age, and that he owned and resided upon a farm near Loyalton, Sierra County. He had purchased the farm in 1913, paying therefor the sum of $16,000. He owned no other property, except a small amount of stock maintained on his farm at the date he executed said deed, and said real property was the sole source of his livelihood and sole means whereby he contributed to the support of his three children. He had been married some years before, but was divorced from his wife to whom was awarded the custody of their three minor children, to whose support the plaintiff had contributed the sum of thirty-seven and one-half dollars per month since the divorce. On the day the deed was executed, the plaintiff was driven in an automobile from his farm to Reno, Nevada. In the automobile were the defendant and two other persons, close friends of defendant, one of whom was the driver of the automobile. The trip to Reno was undoubtedly taken for the purpose of the plaintiff and defendant being married in said city. On arriving at Reno, and after considerable delay, the four persons met in the office of a lawyer for the purpose of having said deed prepared and executed. They found, however, that they had no description of the property to be conveyed. The lawyer suggested that they get married and have the deed executed later. The defendant objected, and refused to go on with the marriage ceremony until the deed was given. The party then returned to plaintiff’s home for the purpose of getting a correct description of his land. After securing the same they retraced their steps to Reno, arriving in the evening about half-past 8 o’clock and going directly to the lawyer’s office. There the deed was prepared and executed. They then arranged with a justice of the peace, and the plaintiff and defendant were married about 9:30 the same evening. Earlier in the day they had secured a marriage license. After attending a picture show they returned to plaintiff’s farm, where the plaintiff and defendant spent the night. They lived together as man and wife about ten days. They then occupied separate rooms for a short