Brown v. County of Los Angeles

DRAPEAU, J. pro tem.

Two elderly persons, husband and wife, were owners of a dwelling house in Los Angeles. Being in indigent circumstances, they received from the county of Los Angeles aid, consisting of groceries and other necessaries of life, hospitalization and care for the wife after her husband died:' The wife made payments upon the increasing balances due to the county, including $38 a month out of a $40 government pension which she received. Upon her death in August of 1943, there was a balance due the county of $816.27.

July 18, 1936, these parties delivered to the county a mortgage securing a promissory note reading as follows:

“$254.09 Los Angeles, California, July 18th, 1936.

I, We, promise to pay to County of Los Angeles, or order, at Los Angeles, California, on demand, the sum of Two hundred fifty four and 09/100 Dollars heretofore advanced, and all sums of money and all institutional care and the value of any other property or services heretofore advanced or that may be hereafter advanced by County of Los Angeles to me or us or to my or our spouse, parent, parents or minor or adult child or children or to..................................

No interest shall be payable until four years from date of the last advance made. All sums payable hereunder four years

[816]

from date of the last advance made shall bear interest thereafter at the rate of seven per cent per annum until paid. All statutes of limitation on this note and mortgage securing the same are hereby forever waived. This note is secured by a mortgage upon real property.

Matilda Ann Manaugh (sgd)

Louis Manaugh (sgd)”

The wife conveyed the property to her half brother William J. Brown, by deed dated November 11, 1941; recorded September 1, 1943, after her death. September 28, 1943, the county notified said William J. Brown, of the balance due under the mortgage. June 7, 1944, William J. Brown and wife, conveyed it by deed to Clarence W. Brown (son of William J. Brown) and his wife, plaintiffs herein.

Negotiations for the settlement of the account failing, the plaintiffs, grantees under the last mentioned deed, brought this action against the county to quiet title. The trial court found and adjudged that the plaintiffs were the owners of the property in fee simple, subject to the mortgage, with the balance due as above stated.