Santos v. Santos

MARKS, J.

This is an action to establish a trust in a one-half interest in twenty-five acres of land and in personal property in Kings County, and to quiet plaintiff’s title thereto. Besides answering the allegations of the complaint defendant filed a cross-complaint seeking to quiet his title to the real property and personal property. Judgment was entered in favor of plaintiff to the one-half interest in the property and this appeal followed.

Plaintiff is the widow of Proferio Rose, who died on September 24, 1922, leaving three minor children, the issue of that marriage. He left as the community property of himself and plaintiff the twenty-five acres of farming land involved here and some personal property of small value. The real estate was encumbered by a mortgage securing a note of $2,500 payable to M. Bell. On January 2, 1924, plaintiff was appointed administratrix of his estate. The real estate was appraised at $2,500.

On December 1, .1924, the parties to this action applied for a marriage license which was issued to them. Neither could speak English and they were not familiar with the marriage laws of California. Believing they were married they commenced living together as husband and wife. They separated about July 5, 1937. Three children were born to the couple during that time.

In 1926 Bell began to press for payment of his loan. Through probate proceedings the real estate was sold to defendant for $3,000 and $2,737.42 was paid to Bell (Manuel Bello) by defendant on about May 3, 1926, in satisfaction of the note and mortgage. The source of this money was as follows: $737.42 from a bank account standing in the name of defendant, and $2,000 on a loan from Manuel Thomas secured by a mortgage on the real property signed by both parties to this action.

[64]

The trial court found that “defendant had in excess of $1,300.00 at the time plaintiff and defendant commenced living together as husband and wife, and that said money was commingled with money produced by the ranch, and the money earned by plaintiff and her children by her former marriage. ...”

Plaintiff testified that she kept house for the family; that she and her children by her first marriage worked on the ranch as laborers; that they worked for others; that their wages were principally turned over to defendant and deposited in his bank account; that in 1925 defendant sold crops from the ranch for at least $1400, which money was deposited in his bank account.