Foard v. Johnson

KNIGHT, J.

The defendant appeals from an adverse judgment in an action to quiet title to a lot situate in the city of Santa Monica. The appeal is taken on the judgment-roll alone, the main ground urged for reversal being that the findings do not support the judgment, in that they show that' plaintiff acquired the property with knowledge of the fact that defendant held an unrecorded deed thereto. The entire controversy on appeal arises over an apparent typographical error in the preparation of the findings, relating to the date of plaintiff’s deed.

The complaint is in the usual form, alleging plaintiff’s ownership in the lot, and that defendant claims an interest therein which is without legal right. The answer merely denies plaintiff’s title, admits that defendant claims an interest in the lot, and denies that such interest is without right. The court found: (1) That prior to May 6, 1927, title to said lot was vested in one Marie Seherneckau. (2) That plaintiff acquired said lot “on the 6th day of May,

1928,

by deed to him from Marie Seherneckau, an unmarried woman”. (3) That said deed from Marie Seherneckau to plaintiff was filed for record “on May 9th,

1927”,

and recorded in Book 6890, etc. (4) That “on the 6th day of

[338]

May, 1928, the plaintiff herein

had no

knowledge or notice of prior outstanding deed executed by Marie Scherneckau in favor of J. M. C. Johnson (defendant herein) bearing date March 5th, 1926, and

the first knowledge or notice

of said outstanding deed was on the 8th day of March, 1928”. (5) That plaintiff “gave a consideration for said deed from Marie Scherneckau to him, and that said consideration was a valuable one”. (All italics ours.)

Manifestly the findings in their present form are legally insufficient to support the judgment, for as will be seen, according to the dates set forth in findings 2 and 3 plaintiff acquired the property on May 6,