*2 personal the highly time a and confiden- KOELSCH, Before CARTER and relationship appel- tial existed between KILKENNY, Judges. Circuit appellee. lant and He in of lived one handy her houses and her was man and PER CURIAM: confidant after her In husband’s death. Agueda brought Roberto this suit to circumstances, activity ap- these the of complaint cancel a In her she pellee arranging deed. al- preparation in for the leged incompetent that she was the signing at upon and of the deed cast him signed signing, time of its that be- proving full, she the burden of a fair and grantee cause the exerted influ- adequate undue and, also, consideration the ab- her, ence over and that transfer the of sence undue influence. It is obvious lacked consideration. The District follow, that the lower court did or not Court, sitting jury, a resolved recognize, without for that matter of this rule against all the issues her and entered I law. would reverse. Appellant urges court, 1. provision in dealing also that the Code—the with their reaching conclusion, erroneously ap its cancellation. We need not decide whether plied erred, findings Sec. 39 of the Civil of Code Guam— the court for it made which providing appellant the statute for of in that rescission show is not entitled to re struments —instead of Sec. 3412 of the cover under either statute.
Agueda G. Roberto, by Her Guardian Jose T. Gutierrez v. Joseph Ray Roberto and Vicente Lizama Aguon
452 F.2d 635
9th Cir.1971Check TreatmentAI-generated responses must be verified and are not legal advice.