Case Study: Donnelly V. Rees 141 Cal. 1903

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Case Briefs By Janainna Bezerra Kaplan University Introduction to Legal Analysis and Writing March 29, 2011 Case 1 Donnelly v. Rees 141 Cal. 56, Cal. 1903. November 6, 1903 Facts: The sole heir of a deceased person may be set aside a deed secured from the deceased without thought of the defendants and their fraudulent practices of undue influence over the deceased. The deceased was known to be a drunkard for more than five years before completing the dead. The deceased drinking problem left the deceased unfit to do business and incapable of attending, realizing, understanding the transaction. Issue: Is the plaintiff required to make payments on an account of an alleged bill if the deed was made using fraudulent practices. Is being an ordinary drunk enough to avoid a deed or contract. Rule: Code Civ. Proc.,…show more content…
It may well be said that it seems incredible that a man of plaintiff's age and experience, while in his right mind, would convey practically all his property to the *503 defendant, or to any other person, without any monetary consideration, and thus deprive himself of the means of making a living for himself and providing for the support of his three children, which support he was obligated to furnish at the order of the court granting his divorce. This is not an action where a man has induced some young and inexperienced woman to marry him by conveying to her property and, thereafter becoming tired of his bargain, seeks to recover the property on the ground of undue influence or misplaced confidence. The court viewed that the plaintiff was mentally incompetent in a entering into a valid

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