Katz V. Enos

Robert M. Nelson brought this action against the representatives of the estate of his deceased sister, Elizabeth A. Nelson, to recover damages for the alleged wrongful conversion by her of 42 acres of land on Ryers Island in Solano County. The action was based on allegations to the effect that Nelson reposed great trust and confidence in his sister, and that while he was confined in a hospital suffering from a severe illness she procured and induced him to sign a document, the exact nature of which he did not then know; that subsequent to her death he discovered that the document was a deed conveying the property in question to her and that at some time prior to her death she had sold the property and appropriated the proceeds to her own use. Prior to trial Nelson died, and the administrator of his estate was substituted as party plaintiff. The cause came on for trial before the court without a jury. It found generally in plaintiff's favor, and entered judgment against the defendants for $5,000, the value of the land at the time it was sold, plus interest from the date of sale. The defendants appeal, one of the several grounds urged being that the evidence is insufficient to support the findings. The contentions made by defendants in this behalf are without merit.