Oakes v. Fernandez

VALLÉE, J.—The

judgment in this action quieted plaintiffs’ title to Lots 234 and 235 of Tract 4949, and awarded them $11,800 with interest against defendant Tomasa M. Fernandez. The $11,800 consisted of $4,300 and $6,500 unpaid on two promissory notes, and $1,000 attorney’s fees as provided in the notes. Defendants appeal.

Defendants apparently contend that the findings are not supported by the evidence. The point is untenable.

[170]

On September 12, 1949, the marshal of the Municipal Court of the City of Los Angeles conveyed Lot 234 to plaintiff J. A. Oakes, pursuant to a sale on execution in an action by one

Matchett

v.

Tomasa M. Fernandez.

This deed was recorded September 13, 1949, and is prima facie evidence that Lot 234 was thereby conveyed to plaintiff J. A. Oakes. (Code Civ. Proc., § 1928.) On June 13, 1946, defendant Tomasa M. Fernandez conveyed Lot 235 to plaintiffs. This deed was recorded September 6, 1946. On February 7, 1947, Tomasa M. Fernandez conveyed Lot 234 to plaintiffs. This deed was recorded February 10, 1947. On January 8, 1948, Tomasa M. Fernandez executed a promissory note in favor of plaintiffs in the amount of $4,300, with interest at 4 per cent, principal and interest payable in installments of $43 on the first of each month beginning February 1, 1948. On January 8, 1948, Tomasa M. Fernandez executed a promissory note in favor of plaintiffs in the amount of $6,500, with interest at 4 per cent, principal and interest payable in installments of $65 on the first of each month beginning February 1, 1948. There was evidence that default had been made in the payment of these notes and that the amounts found to be unpaid had in fact not been paid. The foregoing evidence amply supports the findings.

Defendants say that plaintiffs “held the deeds to lots 234 and 235 and the Sheriff’s deed only as security for repayment of money loaned and the findings of the court contrary were an abuse of discretion as a matter of law.” The point is without merit. There was testimony by Tomasa Fernandez to the effect that the deeds were given as security for money loaned. The testimony of plaintiff Louise Oakes was to the contrary. The trial judge said: “This Court disbelieves the testimony of Tomasa M. Fernandez in every particular in which it contradicts the testimony of the plaintiff, Louise Oakes . . .”