Russell v. Lescalet

BISHOP, J. pro tem.

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The plaintiff has appealed from the judgment, which doubly aggrieves her. First, it adjudges that she take nothing by reason of the action which she brought to have a piece of real property, 50' x 120' in size, and which we shall refer to as Lot 223, partitioned by selling, paying off some encumbrances on it, and dividing the balance between her and defendant Raleigh Lescalet. Second, it decrees: (1) that she has “no estate, right, title, lien or interest whatsoever” in Lot 223, but (2) that at the beginning of the action October 10, 1963, the title to the lot was vested in the two defendants Lescalets, who had filed a cross-complaint to quiet

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title. We find ourselves unable to affirm the judgment, and are reversing it.

It would be well to have before us a chronology of pertinent events. June 1, 1953, there was entered in the minutes of the Los Angeles Municipal Court a judgment for $191.23 against cross-complainant Gertrude Lescalet. An abstract of this judgment was filed in the County Recorder’s office June 9, 1953.

November 25, 1953, by a grant deed from Western Projects Corporation, Lot 223 was conveyed to “Raleigh Irwin Lescalet and Gertrude Lescalet, husband and wife as joint tenants. ’ ’ This deed was recorded two days later.

Under date of October 20, 1954, the Sheriff of Los Angeles County, levied a writ of execution on Lot 223 and sold the “right, title and interest of Gertrude Lescalet on December 28, 1954.” A sheriff’s deed (misreciting some of the earlier dates) was given, conveying to Al and M. C. Fletcher all the interest that Gertrude Lescalet had in Lot 223 on October 20, 1954. This deed was dated February 11,1957.

Lot 223 was then the subject of successive quitclaim deeds from the Fletchers on to the plaintiff. The last was dated June 11, 1963. On October 10 of that year the complaint in this action was filed.

In its findings of fact the trial court recognized the acquisition of title by the two Lescalets, as joint tenants, on November 20, 1953. Its next finding was that the two Fletchers acquired all of Gertrude Lescalet’s “then interest” in Lot 223 under the sheriff’s deed, February 11, 1957. The consequence of this change of owners was to put an end to the joint tenancy and to substitute, as the owner of Lot 223, the Fletchers and Raleigh Lescalet, as tenants in common. We make this statement because, “It is well settled in this and other states that, while all joint tenants are alive, execution may be had upon the interest of one of the joint tenants, and that upon the purchase of the interest of that joint tenant at execution sale the joint tenancy is severed and the purchaser and the other joint tenant or tenants become tenants in common.”