GRENIER v. HARLEY

No. 15459.

250 F.2d 539 (1957)

Joe GRENIER, Appellant, v. James W. HARLEY, Special Administrator with General Powers of the Estate of Dan L. Harley, deceased, Appellee.

United States Court of Appeals Ninth Circuit.

December 10, 1957.


Attorney(s) appearing for the Case

George Boshae, Los Angeles, Cal., for appellant.

Lyndol L. Young, H. Elliott Pownall, Jr., Los Angeles, Cal., for appellee.

Before ORR, LEMMON, and CHAMBERS, Circuit Judges.


LEMMON, Circuit Judge.

Sustaining the judgment of the Court below in the instant case, there is more than the proverbial "scintilla of evidence," or, in the even more ancient idiom of the common law, more than "the shadow of a shade".

The testimony supporting the District Court's finding that the appellant obtained the execution of the deed in controversy "through undue influence and constructive fraud" is sufficient to dispel any suspicion that, in the language...

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