Dinkins v. Lamb

California Court of Appeal Dec 11, 1951 No. Civ. 18531Published

Before: Vallee

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Holding. The court affirmed a judgment quieting title in the plaintiff and awarding damages for encroachment, holding that the defendants were not entitled to equitable relief for tax payments because they were volunteers who had constructive notice of the plaintiff's recorded deed.

Issues

Whether the trial court erred in failing to make findings on adverse possession, laches, and damages.
Whether the plaintiff was barred from relief by the doctrine of unclean hands or laches.
Whether the defendants were entitled to reimbursement for taxes paid on the property as a condition of quieting title.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The deed to plaintiff was of record at the time the Lambs acquired the property and was constructive notice to them that plaintiff was the owner of the property.”

“One charged with knowledge that the deed under which he holds is void and who pays taxes is a volunteer and is not entitled to a lien therefor.”

“One who pays taxes under the belief that he is the owner of the property is not entitled to a judgment for the taxes in the event he is adjudged not to be the owner since he was a volunteer.”

VALLÉE, J.

Appeal by defendants on the judgment roll from an adverse judgment in .a suit to quiet plaintiff’s title to Lot 8, tract 9639, and for damages for encroachment of a foundation thereon.

On October 28, 1936, Hattie Wilbur was the owner and in possession of Lot 8, subject to a sale made to the state in 1932 for unpaid taxes. On that date plaintiff was the owner of a street improvement bond held in the name of Trompeter & Company, which was a lien on Lot 8. On that date Hattie Wilbur executed a grant deed of Lot 8 to Trompeter & Company, which was recorded February 16, 1937. On February 11,1937, Trompeter & Company executed a grant deed of Lot 8 to plaintiff, subject to the taxes. This deed was recorded February 16, 1937. Plaintiff did not pay any taxes levied on the property at any time.

On January 24, 1945, Hattie Wilbur executed a quitclaim deed to Lot 8 to defendant Mamie B. Lamb and her husband, now deceased, subject to the taxes thereon. Thereupon the Lambs went into possession, paid all delinquent taxes and penalties, have been in possession ever since, and have paid all taxes and assessments thereon until the commencement of this action. The amount paid by the Lambs on account of taxes, penalties, delinquencies, and for the removal of trees is $453.22.

About January 1, 1946, the Lambs and defendant Johnson made an oral agreement whereby the Lambs gave Johnson “the right” to erect a party wall along the side of Lot 8 extending 4 inches onto the lot and whereby it was agreed that when the Lambs should use the wall they would pay Johnson $375 therefor. Thereupon Johnson erected a cement wall, as agreed, at an expense of $750. The value of the 4 inches of land is $100.

The court found the foregoing facts and therefrom concluded and decreed that (1) plaintiff’s title to Lot 8 be quieted, (2) Mamie B. Lamb has a lien thereon for $453.22,

[178]

and (3) plaintiff recover damages in the sum of $100 from Johnson.

Defendants’ assignments of error are that the court erred:

(1) in failing to find on the issue of adverse possession; (2) in failing to find on the question of damages; (3) in failing to find that plaintiff was barred by laches; (4) “in its conclusions of law and judgment (a) in coming into court with unclean hands and failing to do, or offering to do equity”; (5) in awarding costs.

Dinkins v. Lamb

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