Dement v. Pierce

TUTTLE, J.,

pro

tem.

This is an action brought to quiet title to real property and for other relief. Judgment went for plaintiff, Edward B. Dement, and the appeal is from said judgment.

The facts of the transaction which lead to this action are numerous and involved. We will, therefore, confine ourselves only to those circumstances which are essential to a proper disposition of the case. We are using a singular “plaintiff” throughout the opinion as the judgment and findings bear the name of Edward B. Dement as the sole plaintiff.

On the nineteenth day of April, 1923, defendant Arcade Building Company was the owner of certain land -in Ventura County. Upon that date said defendant executed and delivered to one Orr a contract for the purchase of said property upon time payments. Thereafter Orr assigned said contract to respondent Dement, who moved upon the property and resided thereon at all times mentioned in the action. Following this, Dement entered into an oral contract with

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defendant Pierce to the effect that the latter was to build a house upon the northeast quarter of said land worth $3,200. He was also to pay $1600 in cash; build three similar houses upon the remaining three-quarters of the lot; put in cement sidewalks, and thereafter Dement

agreed to convey all of said lot, excepting the northeast quarter, to- Pierce.

The latter also agreed to pay to Arcade Building Company the balance of the purchase price for the lot amounting to $1090.

Pierce proceeded to pay up in full the amount due upon the purchase price of the lot and secured a deed to

himself

from the Arcade Building Company, covering the entire lot. He then borrowed from appellant Lumber Company, through trust deeds, the sum of $2,000 upon each quarter of the lot. He also sold two of the lots to other parties. He then recorded a deed to Dement (without the latter’s knowledge) covering the house and lot upon the northeast quarter, which recited that it was subject to a trust deed in favor of the Lumber Company in the sum of $2,000. This deed was