Larkin v. Mullen

In addition to the averments of the complaint set forth in the opinion, the complaint averred that the value of the property owned by him and described in the complaint, and which he was induced to convey to the defendant, Anna H. Mullen, was at the time of the conveyance, and is now, about five thousand dollars; that plaintiff is an old man, sixty-five years of age; that in the month of May, 1895, while residing at the home of the defendants, plaintiff, being alarmed at his condition of health, decided to go to San Francisco for medical treatment, and that the defendant Mrs. Anna Mullen falsely and fraudulently represented to plaintiff that his property was in charge of other persons who were not his friends, and who intended to wrong and injure him, and who would in case of his death squander and misappropriate his estate, and that she and her husband were his most devoted and trustworthy friends, and were anxious to protect him and befriend him and care for him in his illness; that plaintiff then reposed the utmost trust and confidence in her, and because of said fraud and false representations was induced to make a will bequeathing to her said land and premises, upon the promise that she would maintain and keep plaintiff and provide him a suitable, convenient, comfortable, and pleasant home for the remainder of his life, and would pay him the sum of eight hundred dollars; and that on the twenty-fifth day of June, upon the representation that she v,ranted a deed made to avoid trouble from his relations, and upon the same false representations, and upon the same promises made to secure the will, she persuaded and induced the plaintiff to convey the said premises to her; that the said defendant did not at any time intend to perform any of the said promises, but they were made solely for the purpose of defrauding and injuring the plaintiff, who was then an old man, ignorant and illiterate, and for that reason and because of his illness, was of a weak and feeble mind, and incapable of dealing with said defendant, who was shrewd and ingenious in her dealings, and possessed a knowledge and intellect capable of misleading and improperly influencing the plaintiff, which she did, and took advantage of plaintiff’s mental weakness, and that plaintiff, trusting and confiding in her, and being induced and persuaded solely by said false promises, representations, and pretenses, and without any other consideration, executed said conveyance, which recited a consideration received of eight hundred dollars, no part of -which was paid; that said recital was false, fraudulent, and untrue, and said acknowledgment of receipt was obtained by the false and fraudulent pretenses, representations, and promises hereinbefore set forth. It is unnecessary to repeat the further allegations of the complaint set forth in the opinion. The court found most of the allegations of the complaint to be true; that the misrepresentations were made as alleged; that the promise which induced the will and the deed was to give plaintiff a comfortable home as long as he lived, .and to pay his estate after his death eight hundred dollars; that the plaintiff owed no debt to the defendants when the deed was made, and that the value of the land was four thousand dollars.