Chamberlain v. Chamberlain

BARNARD, P. J.

This is an action to quiet title to certain real property situated in Los Angeles County. The defendant Evelyn Chamberlain, who is the mother of the plaintiff • Merle E. Chamberlain, conveyed this property to him by a grant deed dated June 30, 1927, and recorded on September 6, 1927. On August 29, 1927, defendants Kurz held a promissory note for $700, signed by defendant Evelyn Chamberlain. On that day they brought suit upon this note in the municipal court of Los Angeles, and on the same day levied an attachment on the real property involved herein, as being the property of said Evelyn Chamberlain. After judgment in that action, the property was sold under execution to the defendants Kurz. Subsequently this action was brought by the plaintiff, who claimed to be the owner of the real property thus attached. In their answer the defendants allege that this property was conveyed to the plaintiff by his mother with the intent to delay and defraud her creditors; that the transfer was without consideration; and that the said Evelyn Chamberlain was at the date of said transfer insolvent and unable to meet her obligations. From a judgment in favor of the plaintiff this appeal was taken.

The principal contention of appellants is that certain findings of the trial court to the effect that the said Evelyn Chamberlain was not insolvent at the time of said transfer, are not supported by the evidence. In this connection the court found: “It is not true that at the time of the execution of said deed, or for some time prior thereto, Evelyn Chamberlain was unable to pay her obligations as the same became due, or that the transfer of said real property left.her without assets from which her debts could be paid, or that she was at the time of said transfer, or now is, insolvent.” The' record supports this finding. Mrs. Chamberlain testified that at the time of the transfer in question she owned three clear lots “up near Mulholland Drive”, which were worth $1500. This evidence stands uncontra

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dieted. Appellants object that there was no evidence of the value of these lots other than her testimony. That an owner of land may testify as to its value needs no citation of authorities. Appellants state in their brief that upon examining the records at a time subsequent to the trial, they found that Mrs. Chamberlain did not become the record owner of these lots until July 26, 1927. It is contended, therefore, that she was not the owner thereof on June 30, 1927, the date of this transfer. The question of insolvency in such a case does not depend upon record titles, but actual facts as to ownership of property. It is entirely a question of fact and of good faith. She testified she owned the property on June 30th, and the fact that she recorded her deed within three weeks thereafter and before these appellants attempted to collect their claim, not only corroborates her testimony, but negatives any idea of bad faith. The finding is supported by the evidence.