Gomez v. Cecena

WASTE, C. J.

In this suit to impress a trust upon and quiet title to real property, the plaintiff appeals from an adverse judgment and from an order denying her motion for a new trial. The defendant Robert Cecena, who is the appellant’s son, suffered a judgment to be entered against himself by default. His former wife, the defendant Victoria Cecena, contested the appellant’s right to relief, and recovered judgment for costs. The only question raised on the appeal is whether there is sufficient evidence to support the judgment.

The appellant’s claim to the property rests upon her contention that she furnished the money for its purchase and improvement upon the understanding, that it would belong to her. In 1923, Robert Cecena, who was then unmarried, and one Mike Barrera agreed to buy a lot, each paying $50

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down and undertaking to pay a total of $1200 in monthly $30 instalments. This agreement was later superseded by new contracts of purchase by which each buyer would obtain a specific one-half interest in the lot. According to the appellant’s evidence her son kept up his share of the payments for seven or eight months and then came to her with the suggestion that if she would build a house upon his half of the property he would give her the property and that he knew of a building contractor named Blinn who would erect a house for $1400. The appellant testified that she agreed to this and gave her son $400 to deliver to Blinn as the initial payment, and that thereafter she paid the balance due on the house in instalments of $50 a month. These payments were all made by her son who had executed a note and trust deed for the purchase price. She also testified that she paid the remaining instalments due on the purchase of her son’s half of the lot and likewise put up an additional $200 for some concrete work after the completion of the house. In support of this testimony her savings account passbook was introduced showing withdrawals in 1924 of $450, $200, and two items of $40 each. She explained that all of the transactions were completed by her son in his own name because she could speak no English and had no knowledge of business affairs.

The appellant’s testimony was substantiated by evidence given by her son. Concerning the building of the house he testified: “I told my mother I didn’t have any money and she had money; I told her that if she wanted to build on the lot, that I would let her have the lot, my part of it, so she agreed with me to build. . . . My mother said it would be in my name because I was going to make the arrangements and all of that, and I was her son; in ease of her death the property would be mine, you see.” He also testified that he paid half the taxes on the property during the period that he and his mother lived there together and that he also paid a final balance of $87 due on the house in 1928.