Siegel v. Farrar

BARNARD, P. J.

This is an action to quiet title. Briefly stated, the facts are as follows: The plaintiffs are sisters and are the daughters of Anna Siegel. On April 26,1922, the plaintiffs acquired title by grant deed to a house and lot in the city of Anaheim. On November 28, 19.28, an action was instituted by Wilfred L. Farrar, doing business as Farrar’s Collection Service, against Anna Siegel, and in connection therewith, the interest of Anna Siegel in this real property was attached. Concerning this interest, the record shows

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that Anna Siegel testified that in 1924 her married daughter was very ill; that she told her she did not own anything and if she should die her husband could put her out of the house; and that the daughter replied: “We will make a contract.” She also testified, “I didn’t own the property. My daughters owned the property and they gave me the right to live there and we had it as a contract.” This is the only evidence in the record as to what interest Anna Siegel possessed in the property in question, or as to how it was acquired. However, both counsel state in their briefs that it has been subsequently decreed by a court that Anna Siegel had a life estate in the property. While there is no evidence of this in the record, it seems not to be disputed by either side and the case was apparently tried upon the theory that such was the fact. On February 1, 1929, a judgment was entered in the action against Anna Siegel for $471.14, with costs. On April 10,' 1929, the sheriff of Orange County, under a writ of execution issued in that case, sold all of the right, title and interest of Anna , Siegel in the real property here in question, to Wilfred L. Farrar for the sum of $125. On July 1, 1929, Anna Siegel quitclaimed to the plaintiffs all of her right, title and interest in and to this property. On July 1, 1929, these plaintiffs paid, with money earned by one of them through giving music lessons, the sum of $125 with interest to date of payment, to the sheriff of Orange County, for the purpose of redeeming said property. The sheriff delivered to the plaintiffs a certificate of redemption of real estate dated July 1, 1929, in which it is recited that the money has been paid to him in full payment of the purchase price paid by the purchaser at the execution sale in question. This certificate was recorded on July 5, 1929. Subsequent to this redemption, Wilfred L. Farrar procured another writ of execution and levied upon the interest of Anna Siegel in. this property under the deficiency judgment remaining after the original execution sale. On August 21, 1929, this action was begun to quiet the plaintiffs’ title and to set aside the second levy under the writ of execution and any sale that might be made thereunder. On August 22, 1929, the sheriff again sold said interest of Anna Siegel under execution levied under the deficiency judgment, to Wilfred L. Farrar for the sum of $400. After a trial, judgment was entered in favor of the