Janes v. Goyne

SHINN, Acting P. J.

This controversy between Robert Janes and Julia Ivola Goyne concerns the ownership of real and personal property acquired when the parties were living together as husband and wife, although plaintiff had a wife and defendant had a husband, under marriages which had not been dissolved. The complaint sought an annulment of a joint tenancy deed, as to defendant’s interest, through which the parties derived title, upon the ground of defendant’s fraud, and a decree quieting plaintiff’s title to said real property and certain household personal property. Defendant by cross-complaint sought a partition of the real and personal property. The complaint alleged that in September, 1942, while he was living with defendant, as aforesaid, plaintiff purchased Lot 34 of Tract 12194 in the city of Los Angeles,

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subject to certain encumbrances, and caused title to be placed in his name and that of defendant, as joint tenants; that he also purchased some $3,000 worth of furniture which was placed in the home occupied by the parties, and purchased for $450 certain furniture and furnishings from the defendant. In addition, he expended large sums for clothing, jewelry, and other gifts for the benefit of defendant and defendant’s son and daughter. It was also alleged that defendant promised she would marry plaintiff as soon as they had both procured final judgments of divorce from their respective spouses; that plaintiff procured such a decree in September, 1941, and defendant procured her final decree in October, 1941; that all the money used in acquiring said property was provided by plaintiff; that plaintiff believed and relied upon the promise of defendant that she would marry him; that defendant made said promise without intention to perform the same and for the sole purpose of inducing plaintiff to put said real property in the names of the parties in joint tenancy; that after said final decrees of divorce were issued, defendant refused and ever since has refused to marry plaintiff, but claims an interest as joint tenant in the real property and an interest in the household furniture purchased, as aforesaid, by plaintiff. By her answer and cross-complaint defendant alleged the cohabitation while each of the parties was under legal disability to marry, but that they had nevertheless entered into a matrimonial ceremony in Tijuana, Baja California, Mexico; that defendant in good faith believed that cohabitation and representation that the parties were husband and wife were sufficient to and did constitute a valid marriage. Defendant asserted the interest of a joint tenant in the real property and also in the personal property. After judgment for plaintiff annuling the conveyance to defendant of an interest in the property and quieting plaintiff’s title thereto, and to the personal property, defendant instituted this appeal. The sole contention upon the appeal is that the evidence was insufficient to justify the findings.