Williston v. City of Yuba City

THOMPSON, J.

From a judgment which was rendered against the plaintiffs in a suit to cancel a deed on the ground of lack of delivery thereof, this appeal was perfected. The only problem which is involved on this appeal is whether the deed in question was delivered by the grantors with the present intention of conveying title to the real property therein described.

The plaintiffs are husband and wife. It was stipulated the plaintiff, E. S. Williston, was the owner of the property which is involved in this suit. It consists of a ten-foot strip on the westerly side of lot B of the Williston Tract No. 2, in Yuba City, which that city desired to secure for the purpose of widening a street therein. It appears that Mr. Coats, of the law firm of Rich, Weis, Coats & Carlin, was the city attorney of Yuba City. Mr. Weis, of that firm, had previously acted as the attorney for the plaintiffs in other legal transactions. The city proposed to widen a street which required a ten-foot strip from the westerly side of plaintiffs’ property. Mr. Coats had previously talked with Mrs. Williston regarding the necessity of acquiring the land and requested plaintiffs to convey that strip of land as a gift to the city. She refused to do so. About a month later, on January 9, 1932, Mr. Weis brought a deed of the desired ten-foot strip of

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land to the home of plaintiffs, and talked with Mrs. Willis-ton regarding the proposed conveyance. Mr. Weis told Mrs. Williston that he had been informed that unless the property owners voluntarily deeded to the city the necessary strip of land to widen the street, it would be necessary to institute condemnation proceedings and tax the adjacent land with the cost of improvements, and that the proposed improvement might enhance the value of plaintiffs’ property. When Mr. Williston returned home that night he was fully informed by his wife of her conversation with Mr. Weis and the desire of the city to secure a deed of gift to the ten-foot strip of land. The following Monday morning, before Mr. Williston left the house for his work on a farm some distance away, he signed the deed of conveyance and left it on the bookcase where his wife had placed it. His wife was then absent from the room and he did not inform her he had signed it. Later Mrs. Willis-ton signed the deed. The following morning Mr. Weis called for the deed, and Mrs. Williston handed him the deed, saying she and her husband had signed it. She testified in that regard: “I guess I told him we signed it, but that was all.” Mr. Weis testified in regard to the transaction : “I left the deed there and said, ‘If.you are satisfied this is all right you may sign the deed and I will call for it later. ’ Q. Did you tell her at the time that you were asking her to sign the deed so you would give it to the city? A. Yes sir.” The following day he called for the deed. Regarding the delivery of the deed, he said, ‘‘Q. Did you call for the deed on Monday ? A. Yes sir. Q. Did you have a conversation with Mrs. Williston at that time? A. Just a few words. . . . About all there was to it, she had the deed, it is my recollection she signed the deed after I got there. It seems like it bore Mr. Williston’s signature, and she . . . passed it over to me and I told her I would attend to the notary work in my office and pass the deed on to Mr. Coats, the city attorney. ... It was signed by them and I knew their signatures.” Weis took the deed to his office and had his stenographer, who was also a notary public, affix the acknowledgment to the deed, and delivered it to the city attorney. The deed was formally accepted by the city and recorded. Mr. Weis had