Harmon Enterprises, Inc. v. Vroman

PATROSSO, J. pro tem.

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Action to quiet title to real property.

The trial court adjudged that neither plaintiff nor defendants were entitled to a judgment quieting title to the property in question and plaintiff appeals.

The complaint is in the usual form alleging that plaintiff is the owner of the property therein described; that defendants claim and assert an interest therein adverse to plaintiff; that the claims of the defendants are without right and that the defendants have no right, title or interest therein or thereto. Defendants Glenn A. Yroman and Lettie Yroman filed an answer denying the allegations of plaintiff’s complaint and affirmatively alleging ownership in themselves by adverse possession.

There is no serious dispute with respect to the facts. The subject property consists of a lot in the city of South Gate improved with a small dwelling. On February 18, 1935, the record title stood in the name of Lew Moch, a single man, who on that date executed an agreement of sale thereof to Harold A. and Anna Belle Lamont.

1

The interest of the Laments was assigned to Arthur C. Wright by an instrument

[520]

dated May 17, 1940. On September 16, 1940, Arthur C. Wright and his wife executed an agreement for the sale of the property to the defendant Glenn A. Vroman.

2

The latter made payments on the contract from time to time more or less irregularly from the date of the contract to November 18, 1941. Thereafter on April 18, 1942, Vroman made a payment of $15 which was accepted by the vendor. No further payments, however, were made by Vroman and the Wrights made no effort whatever to enforce the provisions of the agreement of sale. Vroman remained in possession of the property for some years and then leased it to another. He failed to pay the taxes levied and assessed against the property and on June 30, 1950, the property was sold to the state. Vroman continued in possession in person or by a tenant until September 15, 1955, when a lease was executed by the state to one Trent who was, at that time, a lessee of Vroman. On April 16, 1956, Arthur C. Wright and his wife quitclaimed all of their interest in the property to the plaintiff and in May 1956 plaintiff acquired quitclaim deeds from Joe Moch, Emma Moch Ingels and Blanche Moch Smith, who it asserts are the heirs of Lew Moch. There is, however, no proof of this fact nor that these parties succeeded as heirs or devisees to any interest in this property through Lew Moch. On May 31, 1956, plaintiff made a payment in the sum of $108.14 to the county tax collector as an initial step under the statutory five-year plan for the redemption of delinquent taxes assessed Vroman. Following this agents of the plaintiff in the absence of Vroman entered the property, removed the furniture and personal possessions of Vroman and made some repairs to the house including the roof and front steps, put locks on the doors and attempted to rent the property. When a representative of the plaintiff went to the premises he found the defendant Vroman in possession. Plaintiff demanded that Vroman vacate the premises but Vroman refused asserting ownership to the property. On June 18, 1956, the defendant Lettie V. Vroman, mother of Glenn A. Vroman, paid all taxes due upon the property and received a certificate of redemption and on June