DaSilva v. Reeves

FILES, J.

This is an appeal by defendant from a judgment quieting title to certain real property and awarding to plaintiff a recovery of oil royalties which had been received by defendant while purporting to be the owner of the property. Plaintiff and defendant are sisters. The trial court made findings of fact to the following effect: Plaintiff, Ethel DaSilva, had owned the property since 1943. In 1947 she gave her father, William Reeves, Sr., a power of attorney. Reeves, Sr., was not authorized to make a gift of the property, but, in violation of his duties as a trustee for plaintiff, he conveyed the property in 1955 to his daughter-in-law, Doris Reeves, without consideration. On May 14, 1956, Doris conveyed the property without consideration to defendant. On November 17, 1956, Doris also deeded the property

[174]

to Reeves, Sr., who on November 19, 1956, deeded it to plaintiff.

Plaintiff testified that after the property was deeded to her in 1943 she always paid the taxes on it. She negotiated oil leases for the property. When she was out of town her father collected the income for her and either sent it to her or deposited it to her account. The power of attorney was executed because she expected to be out of town while some negotiations for an oil lease were pending.

There was evidence in the record that William Reeves, Jr., had held title to this land prior to 1934, when he deeded it to plaintiff at the request of his father. Plaintiff’s title in 1943 was acquired through a grant deed to her from a Jessie R. Boyd, who is not otherwise identified in the record.

Doris testified that she had received deeds from her father-in-law relating to a great deal of land which he put in her name for his convenience; that she acted as his trustee and signed deeds to such property whenever he requested. It was stipulated that neither plaintiff nor defendant ever gave any consideration for the property.

Reeves, Sr., did not testify. At the time of the trial he was 90 years of age and unable to attend because of illness. The record indicates that his deposition had been taken, but no part of it was offered by either party.

Defendant’s theory, as appears from her brief here, is that prior to 1956 Reeves, Sr., was the real owner of the property; that the 1943 conveyance to plaintiff was merely a transfer in trust; but the May 1956 conveyance to defendant was a gift. She does not contend that the evidence is insufficient to support the court’s finding that plaintiff acquired actual ownership in 1943.