Hutchinson v. Colvin

SHENK, J.

Plaintiffs, respectively administrators of the estates of Mary M. Livingston, deceased, and James H.

[92]

Livingston, deceased, appeal from judgment for defendants in an action to quiet title to residence property in Glendale, California. The cause is before this court on motion of defendants to dismiss the appeal or affirm the judgment. The sole question for determination is whether it may be said as a matter of law that the evidence fails to support the findings and conclusions of the trial court that there was a complete delivery of the deed under which defendants claim, effective to vest title in them. The facts are:

On October 8, 1927, James H. Livingston and Mary M. Livingston, his wife, residents of Greenville, Illinois, executed a deed conveying the above-mentioned Glendale residence to Emma Stowe, widow (Mary M. Livingston’s sister), during her natural life, and at her death to Myrtle Colvin (daughter of Emma Stowe and defendant herein). Shortly after executing this deed James H. Livingston delivered it to the cashier of the Bradford National Bank at Greenville. It was enclosed in a sealed envelope, which also contained a deed from Livingston to one Davidge covering other property not here involved. Written on the outside of the envelope, in the handwriting of James H. Livingston, was the following:

“2—Deeds

to be held until Mrs. Livingston J. H. Livingston are both dead.” The bank cashier, upon receiving the sealed envelope containing the two deeds, had it placed in a filing ease in the vault of the bank, where it remained until about three months prior to the death of James H. Livingston. At that time the cashier, in response to a letter from Livingston requesting the Davidge deed, broke the seal of the envelope, took out the Davidge deed, mailed it to Livingston, and then returned the envelope, still containing the deed here involved, to the vault. Emma Stowe passed away on December 21, 1928, James H. Livingston on January 19, 1931, and Mary M. Livingston on May 20, 1931. On May 23, 1931, the cashier wrote Mrs. Colvin, stating that he was sending her the deed, as instructed by the grantors. She had it recorded on June 6, 1931, and as a main defense to this action claimed title to the property by virtue of said conveyance and its delivery to her in the manner aforesaid. She likewise claimed to have acquired title by adverse possession and that James H. Livingston had made an oral gift to her of the property during his lifetime. The trial court