Serviss v. Jones

California Court of Appeal Aug 9, 1933 No. Docket No. 8935.Published

Before: Cashin

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Holding. The court held that a grant deed executed by the defendant to the plaintiff, which contained language waiving claims arising from their marital relations, effectively waived the defendant's right to enforce a prior judgment lien against the property, regardless of subsequent conveyances.

Issues

Whether a grant deed containing a waiver of claims arising from marital relations precludes the grantor from enforcing a prior judgment lien against the property.
Whether the reconveyance of property to the original grantee after an intermediate transfer revives a judgment lien previously waived by the grantor.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It may fairly be concluded from the language of the instrument that with respect to this or any other claim so arising against plaintiff said defendant intended to waive all right to enforce it against this piece of property”

CASHIN, J.

An appeal by defendants Jones from a decree quieting plaintiff’s title to certain real property in Los

[641]

Angeles County and enjoining the issuance of & sheriff’s deed to the property.

According to a stipulated statement of facts submitted to the trial court plaintiff was formerly the wife of defendant Robert- W. 'Jones. In an action for divorce between them the real property mentioned was awarded to plaintiff as her separate property, and by the same decree said defendant was awarded judgment against plaintiff for $380. It was stipulated that “On February 26, 1929, plaintiff and defendant, Robert W. Jones, by grant deed conveyed the above-described property by mesne conveyances to plaintiff Clara 0. Jones as her separate property.” On March 12, 1929, the above judgment was recorded in Los Angeles County, and on March 13, 1929, the deed mentioned was also recorded. On March 14, 1929, plaintiff transferred the property to John G. Fell by grant deed, which was recorded on the same day. On March 30, 1929, defendant Robert W. Jones executed to plaintiff a grant deed of the same property, which was recorded on April 2, 1929. This deed contained the following provision: “This deed is given to carry out the mutual agreement of the parties hereto that said property shall become vested in the grantee herein as her sole and separate property free of all interest or claim of title of the grantor herein now existing or which may hereafter arise by reason of the marital relations of said parties, and it is so accepted by said grantee, whose signature is subscribed hereto for confirmation thereof.” Later defendant last named caused an execution to issue on the judgment, and on April 29, 1929, the same was levied upon the property. Fell thereupon brought suit against said defendant and the sheriff to enjoin a sale under the execution, and on February 16, 1931, judgment was entered permanently enjoining said sale.

As the ground for its judgment the court found: “That said defendant Robert W. Jones by the terms and conditions of a certain grant deed from Robert W. Jones and Clara 0. Jones, as grantors, to Clara 0. Jones, as grantee, and dated May 30, 1929, and covering the premises described in plaintiff’s complaint, which said deed is recorded in book 9090, p. 296, Official Records in the office of the County Recorder of Los Angeles county, California, did waive the lien that is impressed upon said real property by the said record of

Serviss v. Jones

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CASHIN, J.

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