Holmes v. Holmes

[547]

SHAW, J.

Plaintiff appeals from the judgment, in support of which she presents a bill of exceptions.

The action was brought by plaintiff to obtain a decree against defendant quieting her title to certain real estate consisting of three pieces of property, all situate in Los Angeles County and described, with our designation, as follows:

Parcel 1. Being lot 14, block A, East Ocean Park Villa Tract, as per map recorded in book 6, pages 98 and 99 of maps in the office of the county recorder of Los Angeles County.

Parcel 2. Being lot 9, block 2, Sea Girt Tract, as per map recorded in book 5, page 195 of maps in the office of the county recorder of Los Angeles County.

Parcel 3. Being lot 1, block H, of the Ocean Tract, as per map recorded in book 94, pages 23-93 of miscellaneous records, in the office of the county recorder of Los Angeles County.

The defendant is the son of Francis W. Holmes, deceased, who in his lifetime was the husband of plaintiff. The latter’s claim to ownership of the property is based upon the alleged fact that it was all purchased with her separate funds. It conclusively appears that parcel 1 was acquired under a deed dated December 8, 1906, whereby the grantors conveyed the title thereto to plaintiff and her husband, Francis W. Holmes, who, as shown by deed dated January 4, 1909, conveyed his undivided one-half interest therein, to his son, the defendant herein. Upon this fact, and other evidence sufficient to justify the same, the court found, as alleged in the answer, that plaintiff and defendant were the owners of said parcel of land as tenants in common, each owning an undivided one-half interest therein.

As to the property described as parcels 2 and 3, the court found that it was community property acquired during the marital relation existing between Francis W. Holmes and plaintiff, and at the time of the former’s death, on November 1, 1910, title thereto was vested in plaintiff in trust for the community interest of herself and said husband, and that by his last will and testament, duly admitted to probate, all of the interest of said Francis W. Holmes therein was by him devised to defendant herein. Upon these findings the court rendered judgment to the effect that plaintiff and defendant were each the owner of an undivided one-half interest in and to the property described herein as parcel 1; and that the