Solomon v. Walton

MUSSELL, J.

Plaintiff, Aurelia Solomon, administratrix of the estate of Gabriel William Solomon, deceased, filed quiet title actions involving two separate parcels of real property in Kern County. Judgments were obtained by plaintiff quieting her title in both properties. Defendant Sally Walton appeals from the judgment in the first action which involves real property described in the briefs as the “Rosedale property” and defendant Sue Ellen Goff appeals from the judgment in the second action. The real property involved therein is referred to in the briefs as the “Buttonwillow property.” Subsequent to the commencement of these actions, Sue Ellen Goff filed an action to quiet her title in the Buttonwillow property as against Aurelia Solomon. In this action plaintiff Sue Ellen Goff appeals from the judgment in which it was adjudged that plaintiff take nothing by her action except that a mortgage on the property was declared to be null and void. The three actions were tried at the same time.

Aurelia Solomon, a colored lady now over 69 years of age, is the mother of appellants Sally Walton and Sue Ellen Goff and 10 other living children. She and the decedent were married in Georgia, where they lived together for ap

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proximately 25 years and where they acquired 80 acres of land, together with personal property consisting principally of livestock, chickens, ducks and geese. Decedent sold the personal property for approximately $4,000, moved his family to Oklahoma, then to Imperial Valley in California and finally to Kern County. In 1931 he acquired real property on Oak Street in Kosedale and resided on the premises until 1946. In August of that year, with money obtained from the Oak Street property, decedent acquired the Kosedale property and lived there until his death on April 6, 1949.

On January 20, 1947, Aurelia Solomon and decedent executed a grant deed covering the Kosedale property to appellant Sally Walton. Pursuant to decedent’s instructions, this deed was recorded by his attorney, T. R. Claflin, on January 23, 1947. The recorder returned the deed to Mr. Claflin and he retained it in his possession until the time of the trial. At the date of decedent’s death, title to the Kosedale property was in the name of appellant Sally Walton.

On June 27, 1939, Miller and Lux, Inc., which was then the owner of the Buttonwillow property, entered into a contract with the decedent, Gabriel Solomon, for the purchase of the property. This contract provided that upon completion of the payments on the purchase price, the property should be taken in the name of Miss Sue Ellen Solomon, which was the maiden name of appellant Sue Ellen Goff. The contract was executed by the decedent, who made the first payment, and signed the agreement “Sue Ellen Solomon, by G. W. Solomon, purchaser.” On January 5, 1943, when the total purchase price had been paid by the decedent, Miller and Lux, Inc. executed a deed covering the Buttonwillow property to appellant Sue Ellen Solomon, also known as Sue Ellen Goff, and title to the property remained in her name.