Stanley v. Barney

TUTTLE, J.,

pro tem.

This is an appeal from an order denying a motion for change of venue.

The complaint alleges that Lydia IT. Barney died on January 6, 1927, leaving no issue, and that no administration has been had upon her estate; that plaintiff is the grandson of decedent and an heir at law; that' defendants are granddaughters of decedent; that about a month prior to her death, decedent deeded certain real property in the city and

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county of San Francisco and the county of San Mateo to appellants herein; that at said time decedent was mentally incapable of transacting business; that the eonsidération recited in the deed was grossly inadequate; and that the execution of the deed was induced by the fraudulent acts and representations of defendants (which are particularly set forth). It is prayed that the deed be annulled, that defendants be ordered to surrender the same, and that plaintiff have such other relief as may be just in the premises.

Section 392 of the Code of Civil Procedure provides in part as follows:

“Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial, as provided in this code:

“1. For the recovery of real property, or of an estate or interest therein, or for the determination in any form, of such right or interest, and for injuries to real property."

It has been held that the foregoing section is very broad, and that it includes an action to declare a trust in real property.

(Donohoe

v.

Rogers,

168 Cal. 700 [144 Pac. 958].) It has been construed to cover an action for the reformation of a written contract for the sale of real property

(Franklin

v.