Grimes v. Allen

SCHOTTKY, J. pro tem.

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Appellant, Daniel W. Grimes, a resident of Roseville, in Placer County, commenced an action

[654]

against respondent L. B. Allen, Chief of Police of Roseville, and Katie Allen, his wife, to cancel a deed to plaintiff’s home in Roseville, which deed, it was alleged, was obtained by Allen while Grimes was a prisoner of respondent Allen and confined in the city jail of Roseville. The complaint alleged that Grimes ’ signature to the deed was obtained through duress used by respondent L. B. Allen during Grimes ’ imprisonment by him; that the consideration for the deed was inadequate; that the transaction was against public policy and void.

Respondents’ answer denied that there was any duress or that the consideration was inadequate and alleged that appellant executed the deed freely and voluntarily.

The court adopted findings of fact favorable to the respondent, specifically finding that the allegations of the complaint in regard to appellant’s alleged unlawful arrest and confinement were not true and that the respondent L. B. Allen made no threats in order to procure the execution of the deed. In this latter regard, the court found that appellant signed the deed freely and voluntarily, and for adequate consideration. The court also found that appellant was lawfully arrested upon a complaint of a citizen of the commission of a felony, upon which charge he was tried. Judgment was entered that appellant take nothing by his complaint and that respondents acquired title to the property, the judgment declaring that the transaction by which the deed was executed and delivered was free and voluntary and free from fraud, duress, or undue influence on the part of the respondents. This appeal is from the judgment so entered.

The principal ground upon which appellant seeks a reversal of the judgment is that the transaction as a whole is so repugnant to the regular administration of justice that it is against public policy and therefore void.

The record in this case reveals an unusual and somewhat amazing situation. The chief of police and another officer of the city of Roseville arrest appellant upon the oral complaint of a citizen accusing him of a felony, no formal complaint having been filed or any warrant issued, and take him to the city jail of Roseville. The following day, according to respondent chief of police, he and the imprisoned appellant enter into an oral agreement for the purchase by the chief of police of the home of appellant in Roseville. Appellant denies any such agreement. The chief of police procures the description of the property and has one of his subordinate officers go to a real estate office and have a deed drawn conveying the