Hall v. Ferguson

California Court of Appeal Jul 22, 1935 No. Civ. 1176Published

Before: Harden

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Holding. The court held that an unconditional grant deed delivered by a grantor to a grantee takes effect immediately to pass title, even if the parties intended it to operate only upon the grantor's death, and its subsequent destruction by the grantee does not invalidate the conveyance.

Issues

Whether the evidence was sufficient to support a finding of delivery of the deed by the grantor.
Whether a deed delivered with the intent that it operate only upon the grantor's death is effective to pass title immediately.
Whether the destruction of a deed by the grantee after delivery affects the validity of the conveyance.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The evidence, direct and circumstantial, was sufficient to justify a finding of delivery of the deed by the grantor.”

“An unconditional grant deed made, executed and delivered by the grantor to the grantee, though with the intent that it should operate as a conveyance only in the event of death of the grantor, takes effect immediately to pass title to the grantee.”

“A destruction of the deed by the grantee after delivery would not affect its validity, nor operate as a reconveyance to the grantor.”

HARDEN, J.,

pro tem.

Action to quiet title to three pieces of real property.

W. J. Ferguson and Mary Ellen Ferguson, defendants, were formerly husband and wife. A final decree of divorce was entered September 4, 1915, in an action between them wherein, among other things, it was adjudged that there was

[445]

no community property. At that time Mary Ellen Ferguson held title to two pieces of the property involved in this action by virtue of a deed from W. J. Ferguson. By deed dated March 4, 1922, she conveyed said property to W. J. Ferguson. This deed was not recorded until March 8, 1923. On December 5,1922 (about three months before the recording of the last-mentioned deed), he deeded the property back to her. This deed was recorded December 1, 1924. On July 21, 1931, by two separate conveyances bearing that date, Mary Ellen Ferguson deeded said property (including a third piece, a ranch which she had acquired since her divorce by patent from the government) to W. J. Ferguson. These deeds were not recorded until October 15, 1931. On October 14, 1931, W. J. Ferguson executed a deed to all of said property to Mary Ellen Ferguson. This deed was the last of the series and was not recorded. The controversy hinges upon its validity.

We have mentioned the recording dates to indicate the practice of said parties to withhold their deeds from record for long periods. It will be seen also that in no ease was a conveyance from Mary Ellen Ferguson recorded until after the execution of a reconveyance to her.

As guardian of plaintiff, defendant Mary Ellen Ferguson came into possession of plaintiff’s estate and failed to account for $1500 thereof, by virtue whereof, on May 10, 1932, plaintiff procured a judgment against her for $1544.30. Pursuant thereto execution was levied upon all of the real property involved on July 22, 1932. At a sale thereof pursuant to regular proceedings plaintiff purchased said property for $1500.

The judgment entered herein provided that defendants might redeem the property from said' sale within 90 days from the entry of judgment upon paying plaintiff $2,350 in lawful money of the United States (or by transferring to him bonds of the Federal Home Loan Bank of an equal amount), together with interest thereon from date of judgment; that upon failure to redeem, plaintiff’s title to the property should stand quieted. Defendants appeal from the judgment.

Hall v. Ferguson

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HARDEN, J.,

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