Fawell v. Loop Building Co.

BARNARD, P. J.

This is an appeal from a judgment quieting the plaintiff’s title to certain parcels of real property.

Prior to 1929 the lots in question were owned by C. A. DeCoo and had been registered under the Land Title Law, commonly known as the Torrens Land Title Law, in the name of DeCoo. On March 25, 1929, DeCoo conveyed the property to his sister, the plaintiff and respondent here, who lived in Chicago. The deeds were recorded and later sent to Mrs. Fawell, who still retained them at the time of the trial. However, these conveyances were not registered under the Land Title Law and no new certificate was issued showing title in Mrs. Fawell. On June 12, 1930, DeCoo conveyed the same property to his nephew Franz Fredenhagen, with an oral agreement that this grantee would hold the property in trust for Mrs. Fawell. This conveyance was registered under the Land Title Act.

On June 20, 1930, the Loop Building Company secured a judgment for about $1700 in an action it had filed against DeCoo. In an

ex parte

proceeding in that action the court restrained the further transfer of the property and gave permission for the Loop Building Company to file an action

[428]

for the purpose of determining whether DeCoo still had any interest in the property. On December 11, 1930, the Loop Building Company filed an action against Fredenhagen, DeCoo and the registrar of titles in Los Angeles County, seeking to have it declared that this real property was the property of DeCoo and subject to its judgment, and to have the registrar’s records and certificates corrected so to show. A judgment for the defendants in that action was later reversed on the ground that certain evidence should have been received.

(Loop Building Co.

v.

Fredenhagen,

3 Cal. App. (2d) 151 [39 Pac. (2d) 222].)

On January 27, 1931, Fredenhagen filed another action against the Loop Building Company alleging, among other things, that he held title to this property as trustee for Mrs. Fawell and seeking to quiet title in himself as such trustee. On February 27, 1935, Mrs. Fawell brought this action to quiet her title to the property. By stipulation, all three actions were tried together, this being a retrial of the first of these actions and the first trial of the other two. The court found in all respects in favor of Mrs. Fawell and entered a judgment in her favor in the last of these actions quieting her title to the property. From that judgment, the Loop Building Company and the special administrator of the estate of C. A. DeCoo have appealed. It is said that the special administrator is interested in protecting two other creditors of the deceased.