Murray v. Guarantee Trust & Savings Bank

CASHIN, J.

An action by respondent Lucy E. W. Murray, the surviving wife of John E. Murray, to establish her claim to certain real property.

The complaint, which consists of two counts, alleges a cause of action to quiet title and the execution by John E. Murray of a deed conveying the property to respondent, and the loss of the deed. Appellants Emmet Y. Murray and Jane Doe Murray, his wife, were joined as defendants with Guarantee Trust & Savings Bank, a corporation, as

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executor of the last will and testament of John E. Murray, deceased, and Security Trust & Savings Bank, a corporation, the successor to the business of the corporation first named. Judgment was entered for respondent, quieting her title to two of the parcels of real property which are hereinafter described, together with a personal judgment against the corporations named for the amounts received by the latter as the income therefrom. The defendants Murray have appealed, the appeal being presented on the judgment-roll and a bill of exceptions.

Appellants urge as grounds for reversal rulings of the trial court in admitting evidence over objection, an insufficiency of the evidence to sustain the findings, laches on the part of respondent, and that the latter is estopped by her conduct from maintaining the action.

Respondent and John E. Murray intermarried on September 8, 1910, and the latter died testate on August 2, 1919, leaving surviving him the respondent and Emmet Y. Murray, his son, the latter being the issue of a previous marriage. The action involves the title of three parcels of real property situate in the county of Los Angeles, described as an undivided one-half interest in lots 10 and 11, block 33 of West End University Addition; lots 22 and 23, subdivision of lot 1 of block 37 in Hancock’s Survey, and lots 4 and 5, block 22, and lot 4, block 25, in Alamitos Bay tract. The parcels described were known to the parties and referred to in the proceedings as the “Westmoreland,” “Murray Apartment,” and the “Alamitos” properties respectively.

The complaint alleged that John E. Murray on or about July 16, 1915, executed to respondent a grant, bargain, and sale deed to the parcels mentioned and that the deed (which was not recorded) was subsequently lost. The court found these allegations to be true, and further found respondent to be the owner of the Murray Apartment and Alamitos properties, and that defendants and the estate of the deceased had no right, title, or interest therein. It was also found that respondent was without title to the Westmoreland property, the finding stating that “the court makes no finding as to who is the owner to said property.” The court further found against defendants’ special defenses, which included the allegations of laches on the part of respondent,