Yeoman v. Sawyer

PEEK, J.

Anna Marie Yeoman, as administratrix of the estate of Carl Heekart, deceased, commenced this action to quiet title to certain real property situated in Butte County, the complaint containing the usual allegations of such an action. Defendant Edith Sawyer, also known as Edith Heekart, filed an answer denying the principal allegations of the complaint, and in addition cross-complained to quiet title in herself, alleging that she and the deceased, Carl Heekart, had taken title to the property as joint tenants by a deed

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dated January 2, 1947; and that by a decree of the Superior Court of Butte County dated August 30, 1948, terminating said joint tenancy, she became the sole owner and entitled to the possession of said property. The cause proceeded to trial, at the conclusion of which the court found that the deféndant and cross-complainant was the owner of the land in question and that plaintiff had no interest therein. Judgment was accordingly entered quieting title in defendant and cross-complainant, from which plaintiff administratrix prosecutes this appeal.

It appears from the record that the decedent was a married man whose spouse was an inmate of a mental institution in the State of Missouri, which facts were known to defendant. Decedent came to California and first met respondent in September, 1937. After a lapse of some two or three months, decedent and respondent commenced living together as man and wife in Butte County and continued to do so until decedent’s death. During this time they purchased and sold several parcels of real property. The property here in dispute was the last parcel so purchased. Decedent contributed one-half of the purchase price from funds derived from his earnings and respondent contributed the other 'half from her separate property. A deed was executed and delivered in the names of deceased and respondent as joint tenants/

Appellant’s sole contention is that since decedent contributed community funds and respondent contributed separate funds toward the purchase of the property, a valid joint tenancy was never created. As a consequence, appellant asserts, deceased and respondent were tenants in common, each holding an undivided one-half interest separately descendible, and that appellant, as administratrix of decedent’s estate, is entitled to quiet title to such one-half interest.