Gaume v. Sheets

LANGDON, P. J.

This is an appeal by the plaintiff from a judgment rendered in an action in which he sought to

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quiet title to certain property in San Bernardino County, against his vendees under a contract to purchase.

Briefly, the facts found by the court and amply supported by the evidence, are: That on or about August 10, 1915, and for some time prior thereto, Karl C. Wells was the owner of the real property in controversy, about ten acres of land planted with fruit trees, and certain shares of stock in a water company; that said property was subject to a mortgage in favor of plaintiff; that at the time of the transfer of said property by Wells to plaintiff, hereinafter mentioned, the mortgage upon said property so held by plaintiff amounted to the sum of $5,600; that on or about August 10, 1915, the said Wells conveyed the said real property to plaintiff; that a consideration was rendered and paid to Wells for said conveyance to plaintiff and that consideration was in part rendered and paid by plaintiff and was in part paid by the defendants in this action, and was as follows: Plaintiff surrendered up to said Wells, as paid, the note secured by said mortgage and satisfied and discharged said mortgage, and defendants' conveyed to said Wells two houses and lots situated in the city of San Diego, California, specifically described in ths findings, which said property was subject to a mortgage of $600, and defendants also paid Wells the sum of $750 by the execution and delivery of their note for said amount, which note was intended by the parties to cover the amount of the mortgage on the San Diego property and the amount of street assessments against the same. Thus defendants, in effect, conveyed to Wells the San Diego property free of encumbrances. The court found that the reasonable market value of said San Diego property free of encumbrance was $2,000; that the total consideration paid to Wells for the conveyance of the San Bernardino ranch was equivalent to the sum of $7,600, of which consideration' the amount rendered and furnished by plaintiff was equivalent to the sum of $5,500 and that rendered and furnished by defendants was equivalent to the sum of $2,000.

It is practically conceded by the appellant that the evidence sustains the above findings; but it is urged that the further finding of the trial court to the effect that said consideration was so rendered and paid said Wells by plaintiff and defendants pursuant to understandings and agree