Los Angeles herald., 1907-10-02
JUDGE SCATHLNG
IN HIS DECISION

In decision rendered by Judge Monroe
yesterday, Mrs Lucy Robinson was
awarded judgment restoring to her the
lot in Wilmington (which Mrs. C. Allen
and her daughter claimed to have bought
The case had been on trial before Judge
Monroe for nearly a week, and in the de-
cision he referred In scathing terms to
the efforts of the defendants to take ad-
vantage of the mental condition of an In.
competent person.
Mrs. Robinson, who is more than 10
years of age, was declared incompetent
in July, 1906. and the alleged sale of the
property was consummated May 20 of the
same year. In noting this Judge Monroe
said he was convinced the plaintiff was
not capable of transacting such business
at the date named.
The suit was brought by Attorney d.
N. Lauberschiemer as guardian, and he
was assisted by Attorney j. d. Powers.
One of the remarkable features of the
case was the testimony of Attorney j..
Marion Brooks, who told of having re-
fused to take charge of the defense, as he
believed the land had been fraudulently
obtained.
It is said that Mrs. Allen and her
daughter, Mrs. Alice Hine. went to At
torney H. III. Appel, who also refused to
take the case. Powers and Holland con-
Quoted the defense and fought bitterly the
attempt of the plaintiff to show that Mrs
Robinson was incompetent at the time
she signed the deed.
In deciding the case, Judge Monroe said:
Could Not Understand
"When counsel for the plaintiff at
tempted to place Mrs. Robinson on the
stand it met the objection of the defense,
on the ground that she was an incompe-
tent. This objection 1 sustained, at the
same time feeling satisfied that the plain
tiff, though of unsound mind, might have
replied intelligently to the questions
asked
''I am convinced she would not under
stand that she had been adjudged incom-
petent to care for her person or her
estate, nor do think she understood any
thing about business affairs. At the same
time I felt we; could get the desired tes-
timony through other sources, and felt
that it would be absurd to admit the tes-
timony of one who had been declared in
competent.
This adjudication was only a few
months after the alleged deed was signed,
and 1 do not think she was competent
then, nor has the testimony to that effect
been very strong at this trial.
ut shows conclusively that she didn't
know anything about business, and am
convinced she did not know what she was
doing when she signed the paper which
is here alleged to be deed.
These defendants had been with her
for several weeks before this occurrence
The testimony of Mrs. Hine that she had
not had anything to do with her for
nearly a year prior to the preliminary
overtures of this transaction and the fact
that Mrs. Robinson was not person
whom anyone would care to have in their
family lehds me to believe that the de-
PENDANTS became intimate at this time,
with an Interior purpose.
Treatment Unjust
"This view Of the matter impressed me
at the time the testimony was given, and
/ didn't believe they had any right to deal
in such a manner with one who must
have been so manifestly incapable to
manage her affairs While it was not
until some months later that the plain
tiff was declared Incompetent and a
guardian appointed I am convinced Mrs.
Robinson never understood what she was
doing when she put her mark on that
deed"
Mrs Robinson is unable to speak Eng
iish, and has never learned to read or
write in any language The defendants
claimed to have paid for the property in
cash, but the evidence concerning the pay
ment of the money was not clear to the
court. Continuing, Judge Monroe said;
Neither have the defendants shown to
the satisfaction of the court that they
ever paid this money to the plaintiff.
There is nothing to show that Mrs. Allen
ever had that much money about her.
and Mrs Robinson has no money. nor is
there any proof of her having spent any.
1 don't think 1t was paid.
''The fact that Mrs. Allen and Mrs.
Hine made repeated visits to Los Angeles
to inquire IL the property was incum-
bered and If the taxes We're paid doesn't
show that the deal was genuine. In
direct contrast is her conduct Of coming
suddenly and taking lawer home with
her, who drew up the decc after he got
there.
''rherefore find that no money was
ever paid. ana the judgment and cost are
g.. 4na ,1Iofuffff