Moore v. Moore

McFarland. This action was brought to cancel two deeds and a bill of sale made by plaintiff, on the ground of mental impairment, undue influence, etc., at the time of their execution. The findings and judgment were in favor of plaintiff, and defendants appeal from the judgment.

Some exceptions were taken to rulings of the court about the admissibility of certain evidence, but these exceptions were afterward withdrawn. The plea of the statute of limitations was practically disposed of when the case was here before on a demurrer to the complaint. (Moore v. Moore, 56 Cal. 89.) The complaint set up all the facts upon which the plea of the statute could be based, and this court held that the plea was not good; and as the court found those facts upon sufficient evidence in favor of respondent, we must hold that the defense of the statute of limitations has not been maintained.

There is, therefore, only one question—argued elaborately by appellants—to be disposed of, and that is, [196]Does the evidence justify the findings and judgment on the real merits of the case?

The undisputed facts in the case are so strongly in favor of respondent that the evidence on the disputed facts would have to be very strong in favor of appellants, indeed, to warrant this court in overturning the judgment of the court below. These undisputed facts are as follows: Respondent was married to William H. Moore (now deceased) in the summer of 1871. They resided on a farm of deceased called “ the Moore Ranch,” situated a short distance from the town of Santa Cruz. At the time of their marriage the deceased was a widower, and had four minor children, — two boys, Frederick W. and Charles, and two girls, Alice and Stella, who are defendants and appellants herein. Respondent and the deceased lived very happily together, and he was a kind and affectionate husband. She had been a school-teacher, and had no blood relations in that part of the country, and had only a slight acquaintance with any of the adult relatives of deceased. Down to the moment of his death, deceased was a man of strong constitution and robust health. He almost daily visited the town of Santa Cruz, and respondent always looked for his return with pleasure. On the thirtieth day of October, 1871, he went to Santa Cruz, intending to return the same day, as usual. On the afternoon of that day he was shot and instantly killed, and his dead body was immediately brought home to respondent.