Klose v. Hillenbrand

Foote, C. The plaintiff, Klose, had judgment in this action that a certain deed of conveyance to a one-half interest in certain real property situate in San Francisco, from him to one William Hillenbránd, of date the 25th of April, 1888, was procured by fraud and artifice; that it was null and void, and conveyed no in[475]terest of Klose to the property therein described; and that ever since that date the plaintiff'has been and now is the owner of and entitled to the possession of an undivided one-half part or share of the lot of land described in the deed, with the improvements thereon. And further, that a conveyance from William Hillenbrand of the same property, by deed executed on the 21st of January, 1889, to his wife, Anna Hillenbrand, was executed in fraud of the rights of the plaintiff, and is null and void. It was further ordered and adjudged that the plaintiff be let into the quiet possession, occupation, and enjoyment of the undivided one-half part or share of the lot of land and premises described in the judgment, and that the plaintiff recover his costs. From that judgment and an order denying a new trial this appeal is taken.

It appears from the evidence on behalf of the plaintiff, that he was, at the time he signed and acknowledged the deed to William Hillenbrand, a person advanced in years, and of great weakness of mind, although not amounting to disqualification; that he made the deed without adequate consideration, and without independent advice;

that he was induced to make that instrument by an imposition practiced upon him on the part of Dr. Schmitz, the father of Anna Hillenbrand, who was the plaintiff’s attending physician, in this, that Klose was informed by the doctor that he was dangerously sick, and that it would be better, in order not to retard the building of a house on the lot conveyed, which was then being erected by William Hillenbrand and Klose, jointly, that he, Klose, should execute a deed to Hillenbrand, of Klose’s interest in the property, but that this instrument should have included in it a clause that it was not to go into effect unless Klose should die from his then illness, and should not be delivered or go into effect until after his death from such illness. But without any authority from Klose, after Schmitz had obtained the deed in this way, Hillenbrand got possession of it, and placed it upon record.

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