Weisz v. McKee

GRIFFIN, J.

This action, as presented in the second amended complaint, was one for reformation of a deed and to determine, declare and quiet title to real property and oil royalties between plaintiffs and defendants and respondents. We will briefly state the facts as taken from the pleadings and about which there is no controversy.

The respondents acquired, on or before September 10, 1926, certain undivided interests in the property described in the plaintiffs’ complaint. On August 8, 1933, a long time subsequent to the acquiring by respondents of their interests, defendants W. R. McKee and Julia S. McKee made a conveyance to the appellants of a two per cent interest in and to the real property above mentioned. Because of certain circumstances alleged in the complaint, the appellants claimed that this conveyance should have been for a 12 per cent interest instead of a 2 per cent interest as set forth in the deed. This action was commenced for reformation of this conveyance. The allegations of the amended complaint, as to the respondents, in reference to the title and ownership of the property, are as follows:

“XIV.

“That these plaintiffs are informed and believe and therefore allege that the defendants, Tarver Montgomery and Minnie Montgomery, are the owners of an undivided one-fourth (14) interest in and to the said real property in this second amended complaint described.

“That these plaintiffs are informed and believe and therefore allege that the defendants, George W. Wells and Clara L. Wells, are the owners of an undivided one-fourteenth (l/14th) interest in and to the said real property hereinbefore described, and that the defendants, Ray C. Lambert and Clara Wells Lambert, are the owners of an undivided one-fourth (%:) interest in and to said real property hereinbefore described.

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“That these plaintiffs are informed and believe and therefore allege, that these plaintiffs, together with said defendants, other than the defendant, First National Bank in Santa Ana, a national banking association, as Trustee, collection agents, escrow holder, and the defendant, Charles W. Camp, are the owners of said real property hereinbefore in this second amended complaint described. That plaintiffs are informed and believe and therefore allege, that said defendants claim some right, title, interest or estate, in and to said real property other than as hereinbefore alleged and contrary to and adverse to the interest of these plaintiffs in and to said real property. That said defendants should set forth their interests in and to said property, so that their interests may be determined and adjudicated and so that the right of these plaintiffs to their respective proportions of the royalties being paid under the oil lease hereinbefore alleged, shall be established.”