Hurt v. Jones

California Court of Appeal Dec 21, 1956 No. Civ. 8805Published

Before: Peek

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Holding. The court held that the trial court's finding that the defendant held no interest in the property was unsupported by the evidence, as the record established a valid joint tenancy that was not rebutted by mutual agreement or understanding. Additionally, the court held that the trial court erred by adjudicating the rights of Carl Wilson, who was not a party to the action.

Issues

Whether the evidence was sufficient to rebut the presumption of joint tenancy created by the deed.
Whether the document executed by the parties on September 26, 1952, created a valid interest in the property.
Whether the trial court erred in adjudicating the rights of a non-party.

Disposition. reversed

Quotations verified verbatim against the opinion

“The form of the instrument under which spouses hold title is not conclusive as to status of the property, and property acquired under a joint tenancy deed may be shown to be actually community property or the separate property of one spouse”

“In this case the record lacks evidence of any mutual understanding or agreement between Opal and Giles to negate the express terms in the joint tenancy deed”

“Any attempted adjudication in favor of or against Carl Wilson, who was not a party in this action, cannot be given effect for any purpose”

PEEK, J.

This is an appeal from a judgment quieting plaintiff’s title in certain real property “subject to the interest of Carl Wilson” and decreeing that defendant has no right, title or interest therein.

On April 26, 1948, Opal A. Jones, now deceased, the mother of plaintiff, married defendant. At the time of their marriage Mrs. Jones had certain separate property consisting of a bank account in her name and that of her brother, Carl Wilson, as joint tenants, and a $5,000 loan due her from him. Approximately two years thereafter she drew a check on that account in the sum of $8,727.33, which check was deposited in a new account she opened in her name and her brother’s as joint tenants. Shortly prior to the opening of that account, decedent and her husband entered into a contract to purchase certain real property in Lake County, that being the property here in question! Pursuant to a letter of instruction to the title company, title to the property was taken in the names of “Opal A. Jones and Giles R. Jones, as joint tenants.” The down payment thereon was made by checks drawn by her on the joint account of her and her brother. The balance of the purchase price which was secured by a note and deed of trust was subsequently paid out of funds received as earnings from the sale of the walnut crop raised on the Lake County property.

Approximately two and one-half years after the purchase of the property Mrs. Jones became critically ill. While in the

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hospital she requested Mr. Wilson (her uncle), with the assistance of plaintiff, to draft the following instrument which was executed by plaintiff, defendant and Mrs. Jones before two witnesses and a notary public:

"To Whom It Mat Concern :

“It is hereby agreed by all parties directly interested, and witnessed by parties whose signatures appear at the bottom of this document that property situated in Lake County on Mount Knockti consisting of sixteen acres of walnuts now in joint tenancy of Giles R. Jones or Opal A. Jones shall be under supervision and use of Giles R. Jones as long as he lives, then said property to go to Mildred E. Hurt, daughter of Opal A. Jones.

“In the event that it be to the advantage of Mildred E. Hurt and Giles R. Jones to sell this property, he shall confer and come to an agreement with Mildred E. Hurt before this property can be sold.

Hurt v. Jones

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PEEK, J.

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