Carr v. Carr Co.

CONREY, P. J.

This is an appeal from a judgment quieting the plaintiff’s title to certain described real property. The evidence of plaintiff’s title consists of the judgment rendered in a certain action of divorce wherein Fannie A. King was plaintiff and Maurice A. King and the Carr Company were defendants. Upon issues voluntarily presented by the parties for decision in that action, the court determined therein that said real property was purchased or traded for by the defendant King with property then and there the property of the plaintiff, except as to the sum of five hundred dollars, which the defendant King had contributed by purchasing a mortgage upon certain personal property of the plaintiff which thereafter was used in trading for said acreage; that the defendant King, taking advantage of his relationship with

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the plaintiff as her husband, and of the trust and confidence which she reposed in him, had caused the title to said land to be placed in the name of the Carr Company without the knowledge or consent of the plaintiff; that the defendant King controlled the business of said corporation for his own use and benefit; that the defendant King commingled the funds of the Carr Company and his own personal funds and the funds of the plaintiff continuously and in such a manner that it was impossible to separate the same at the time of the trial of that action, and had used them indiscriminately for his own purpose, for the support of plaintiff and himself, and for the purpose of the Carr Company; that the defendant corporation never had any right, title, interest, or estate in and to the property mentioned in the pleadings therein and that the title to the sixteen and one-half acres of land (being the land involved in the present action), was held by the defendant corporation for the use and benefit of the plaintiff, and that she was at all times mentioned in the pleadings therein the absolute owner thereof as her own separate estate. Pursuant to the findings in that action, the court decreed that the plaintiff was the owner in her own right and as her own separate property of said real property. In that action it was claimed by the defendants that said real property when conveyed to the Carr Company was the sole and separate property of the defendant King and that the plaintiff had no interest whatever therein; that the defendant corporation was indebted to the defendant King in a sum exceeding eleven thousand dollars evidenced by a note of the corporation to defendant King, secured by a mortgage upon said real property. The court found that the defendant King was the owner of the note in said sum executed to him by the defendant corporation, secured by mortgage on said real property, executed by the defendant company; but nevertheless determined and decreed that the plaintiff was the owner of said real property, subject only to certain liens which are not involved in the present action.