Jordan v. Clausen

SCOVEL, J.,

pro

tem.

For the purpose of this appeal the land involved may be considered as the east half of lot 1 in block 23 at Palm Springs, in Riverside County. In 1890, title to all of lot 1 was vested in Benjamin Browning. In 1891, he deeded the west half of lot 1 to S. A. Wood. On November 29, 1901, Browning deeded the west half of lot 1 to plaintiff. Plaintiff testified that in the year 1904 Browning told him that he should have conveyed to plaintiff the east half of lot 1 and that the 1901 deed was erroneous. Plaintiff’s secretary prepared a new deed which Browning signed and recorded, but again the description referred to the west half of lot 1. The deed was returned to plaintiff from the recorder’s office and placed in his file. Plaintiff paid no further attention to the property until the year 1930, paying no taxes thereon.

In April, 1911, Browning died testate. His will was duly admitted to probate in Placer County, the certificate of proof of will stating that he died on the 17th day of April, 1911, in Los Angeles County, but that at the time of his death he was a resident of the county of Placer. On June 4, 1912, the

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Superior Court of Placer County decreed distribution of the estate to the widow for life, appointing C. Roy Browning as trustee thereof and naming the five heirs of the deceased as remaindermen. The widow died on January 1, 1915, and on March 1st of the same year the Placer County court ordered distribution of the trust to the remaindermen. The executor of the last will and testament of Browning has never been discharged.

On July 30, 1920, the remaindermen above mentioned, the heirs of Browning, quitclaimed the east half of lot 1 of block 23 to Z. R. Bunker, and by mesne conveyances the property was acquired by defendants Clausen and McLeod, defendant Clausen acquiring McLeod’s one-half interest therein on May 29, 1931. Since 1922 all taxes upon the property have been paid by Clausen and his cotenant. All of the deeds above set forth were promptly recorded.

In the year 1930 plaintiff was advised that the records did not show any interest vested in him to the east half of lot 1. He cheeked the records and consulted with an attorney, advising him of his claim and requesting him to take such proceedings as might be necessary to vest title to the east half of lot 1 in him. Accordingly, on February 21, 1931, his attorney filed a petition in the Superior Court of Los Angeles County for letters of administration upon the estate of Benjamin Browning, deceased, alleging that the deceased died in Los Angeles County, a resident thereof; that he left no will and that the estate consisted solely of a contingent and worthless interest in Riverside County land. On March 17, 1931, he was appointed administrator of the estate and duly qualified as such. On March 9, 1932, plaintiff filed an action in the Superior Court of Los Angeles County against the administrator to reform the deed from Browning to plaintiff executed in 1904 so that the property therein described would convey to him the east half instead of the west half of lot 1. In this action plaintiff was represented by another attorney. On March 23, 1932, the administrator in proper person filed an unverified answer to the complaint containing a general denial, together with a stipulation reading as follows: “It is stipulated between plaintiff and defendant that specific denial of plaintiff’s complaint, verification of the within and foregoing answer, notice of trial, findings of fact and conclusions