Gwin v. Camp

California Court of Appeal Feb 7, 1938 No. Civ. 2152Published

Before: Marks

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Holding. The court held that the trial court's findings were contrary to undisputed evidence and that the plaintiff and defendant, as successors to the original joint tenants, held the property as tenants in common.

Issues

Whether the trial court's findings were supported by the evidence.
Whether the conveyance of a joint tenant's interest to a third party terminates the joint tenancy.
Whether the plaintiff and defendant held the property as tenants in common.

Disposition. reversed

Quotations verified verbatim against the opinion

“The findings of fact are so confused and contrary to admitted facts that we are unable to reach a satisfactory conclusion as to the trial court’s grounds for its decision.”

“Where a husband and wife hold property in joint tenancy and the wife conveys her interest to a third party the joint tenancy is terminated and the husband and the grantee of the wife become tenants in common”

MARKS, J.

Plaintiff instituted this action to quiet his title to lot one, block eleven, as shown by map number one

[11]

of the Bear Valley and Allesandro Development Company, in Riverside County, California. Defendants Blanch Camp and Eli Ralph Camp disclaimed. Harold L. Camp asserted title in himself and filed a cross-complaint in which he sought to have his title quieted and also to have a mortgage and the proceedings foreclosing it reformed because of mutual mistake. Judgment went for plaintiff and Harold L. Camp has appealed.

For brevity, we will hereafter refer to the lots in block eleven in the Bear Valley tract by the lot number only. We will refer to Harold L. Camp as the defendant.

By a deed dated March 6, 1930, Sadie A. Miller deeded to Kenneth Lavelle Camp and Cora Alice Camp, his wife, as joint tenants, lots one, seven and eight in the Bear Valley tract. On March 12, 1930, Kenneth Lavelle Camp and Cora Alice Camp conveyed these lots to the Security-First National Bank of Los Angeles, trustee, for Sadie A. Miller, beneficiary, to secure the payment of a $3,000 promissory note. The trustee executed a full reconveyance of this property on March 9, 1931.

Under date of March 10, 1931, Kenneth Lavelle Camp and Cora Alice Camp executed a mortgage to defendant to secure the payment of a $3,000 promissory note. The mortgaged property was described as lots seven and eight of the Bear Valley tract. This mortgage was foreclosed and under date of March- 20, 1935, defendant received a commissioner ’s deed to the property.

Defendant, in his cross-complaint, sought to have the mortgage and foreclosure proceedings reformed so as to include lot one of the Bear Valley tract which he maintained had been omitted from the description in the mortgage by mutual mistake.

On September 12, 1933, Cora Alice Camp instituted an action for divorce against Kenneth Lavelle Camp. In an amended and supplemental complaint she alleged:

“That the community property consists of the following: Thirty acres of walnut bearing land at Ironwood and Redland Road in Moreno, Riverside County, California, together with about fifty shares of water stock in the Moreno Mutual Irrigation Company; that said property is of the reasonable value of $6,000.00; that the said property is mortgaged to

Gwin v. Camp

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MARKS, J.

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