Klinker v. Klinker

SHINN, P. J.

On April 15, 1940, plaintiff-appellant Lawrence Klinker and his wife, Myrtle (defendant here), took title as joint tenants to a parcel of real property described as Lot 9 and the northerly 17.85 feet of Lot 10, Block 39, of the city of Huntington Park (described hereafter as Lot 9-10). Myrtle Klinker was adjudged mentally ill in December, 1941, and in 1948 defendant California Trust Company was appointed guardian of her estate. Plaintiff seeks to quiet title to Lot 9-10 in himself, on the theory that Myrtle coerced him to take title in joint tenancy rather than as his separate property. The court found there was no duress, the acts of plaintiff were of his own free will, and further, that any claim of plaintiff for equitable relief was barred by laches. Plaintiff appeals.

Many alleged errors are argued in the briefs, but the only one we need consider is whether the evidence was sufficient to support the findings that plaintiff voluntarily allowed title to lot 9-10 to be conveyed to himself and his wife as joint tenants.

Related to this question there was evidence of the following facts: Prom 1922 until April, 1940, plaintiff, his father and his brother Joe, conducted a partnership engaged in buying lots, building and selling houses. This partnership was dissolved in 1940, the father giving his interest to the two sons. The major assets of the partnership at that date were two adjacent parcels of real property located in the city of Huntington Park. These were Lot 9-10 (here involved), and Lot 8, and the south seven feet of Lot 7, in Block 39, of the

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city of Huntington Park. In 1922, title to lot 9-10 was taken in the names of Charles J. Klinker, Cordia Klinker, husband and wife, Lawrence Klinker and Joe Henry Klinker, as joint tenants. In 1923, title to Lot 7-8 was taken in the names of C. J. Klinker, Cordia Klinker, Lawrence Klinker and Myrtle Klinker, his wife, and Joe Henry Klinker, as joint tenants. In 1940, when the partnership dissolved, title to both lots stood as originally vested. It was decided in 1940 that Joe should have Parcel 7-8 and Lawrence Parcel 9-10. To accomplish this, all five owners joined in a conveyance of Parcel 7-8 to Joe and his wife, Nina, as joint tenants, and a conveyance of Parcel 9-10 to Lawrence and his wife, Myrtle, as joint tenants.