Singer v. Briggs

BARNARD, P. J.

This is an action to cancel a deed and to quiet title to a certain lot in Los Angeles County. Among other things, the complaint alleges that Hannah Singer and Joseph Singer were married in 1891; that they acquired the lot in question as their community property; that on November 18, 1926, Joseph Singer, without the consent of Hannah Singer and without consideration, executed a grant deed purporting to convey the property to the defendant; that this deed was acknowledged March 5, 1927, and recorded March 24, 1932; that this deed was never delivered by the said Joseph Singer; that he died on April 8, 1931; and that the defendant did not come into possession of the deed until after March 1, 1932, when she received it from one Yern Dumas, a friend and associate of Joseph Singer. In her answer the defendant admits that she received said deed from Yern Dumas on or about March 14, 1932, and sets forth a copy of the deed, including the time and place it was recorded, as the basis of her claim to the property. In a cross-complaint she asked to have her title quieted in and to an undivided one-half interest in the property.

At the trial it was stipulated that the property involved was the community property of the incompetent plaintiff and her husband; that the defendant did not receive the deed in question until on or about March 15, 1932; and that Hannah Singer has been incompetent since about 1913. Certain testimony was then taken, after which the court made findings in all respects in favor of the plaintiffs, finding, among other things, that the deed in question had never been delivered by Joseph Singer. Judgment was entered canceling the deed

[667]

and quieting title in the plaintiffs, and the defendant has appealed.

The only point raised is that the evidence is not sufficient to support the finding that this deed was not delivered within the lifetime of Joseph Singer. The evidence is exceedingly meager. The. appellant, called as a witness for the respondents under section 2055 of the Code of Civil Procedure, testified that she received this deed some time in March, 1932; that she had kept house for Joseph Singer since 1918 and had cared for him through one spell of sickness; that at some time, probably a couple of months after the date of the deed, Joseph Singer gave her