Broadwell v. Anderson

BARNARD, P. J.

This action, involving certain lots situated in San Pedro, California, was tried with the case of

Anderson

v.

Broadwell, ante,

p. 130 [6 Pac. (2d) 260], this day decided. Much of the opinion in that case applies equally to this case. The facts are largely the same with the two exceptions that no deed reconveying this property to Anderson was produced at the trial, and that certain evidence in relation to the conduct of the parties applies only to this case.

This action was brought by Helen L. Broadwell in the usual form of an action to quiet title. August Anderson answered, admitting that the plaintiff was the owner of an undivided one-half interest in the property, denying her title to the other half and alleging title in himself to that portion of the property. In a separate defense he alleged ownership of the property in 1917, and conveyance of the same to W. B. Broadwell on the agreement that Broadwell would pay off existing encumbrances and reconvey a half interest to him. He also alleged the construction in 1924 by himself and Broadwell of a building on the lots, and that the cost thereof was paid by them from their joint funds. He further alleged an agreement between them whereby Broadwell should collect the rents, pay taxes and

[147]

expenses, and send him $100 a month, and that Broadwell and his widow and the plaintiff continued to make these, monthly payments until December, 1927. A copy of the written agreement of September 2, 1924, which is set forth in the opinion in the Long Beach ease, was set up in the answer. At the same time Anderson filed a cross-complaint seeking to quiet title in himself as to a one-half interest in the property.

Among other things, the court found that Anderson is the owner of an undivided one-half interest in the property described; that he was the owner of all of the property on November 16, 1917, which was then of the value "of $3,000; that on that date he conveyed the property to Broadwell upon the express understanding and agreement that Broad-well would pay off and discharge the encumbrances of record and would thereafter convey to him a one-half interest therein; and that these parties were brothers-in-law, had been associated in business for more than thirty years, and that each reposed the highest trust and confidence in the other. It was further found that on December 13, 1922, Broadwell executed, acknowledged and delivered to Anderson a grant deed conveying a one-half interest in the property in accordance with his previous agreement; and that said grant deed was thereafter delivered by Anderson to Broadwell with instructions to have the same recorded and then kept in safekeeping for him. It was then found that on April 1, 1924, Broadwell and Anderson entered into an agreement with one Hubbard for the construction of a brick building upon the premises; that at that time Anderson and Broadwell had on deposit in a bank in their joint names $7,017.78; that at the same time they were the equal owners of other large sums of money derived from royalties from oil produced on the Long Beach property, referred to in the opinion in that 'case; that all bills for labor and materials in the construction of this building ■were with the consent and at the direction of Broadwell charged to Anderson & Broadwell; that these bills were paid by checks on their joint funds; and that Broadwell at all times during his lifetime admitted that Anderson had a one-half interest in the property. The court then found that the agreement of September 2, 1924 (which is set forth in the opinion in the Long Beach case), was on that date