Taber v. Beske

SHAW, J.

The plaintiff appeals from a judgment in favor of the defendant.

The complaint , sets forth a cause of action to recover possession of a certain lot in Los Angeles. The defendant filed a cross-complaint alleging title in herself making John T. Dennison and C. C. Horsford parties thereto and praying that Taber, Dennison, and Horsford be compelled to convey the said lot to her, and for general relief. Judgment was given in her favor declaring her to be the owner of the lot in fee, that she was owing Taber $840 for money expended by him for the benefit, of the lot and providing that upon payment thereof her title to the lot should be quieted and Taber should forthwith convey the same to her. Dennison and Horsford do not join in the appeal and under the facts found they have no interest in the lot. The facts are sufficiently stated in the findings.

In April, 1911, Mary Beske, being desirous of borrowing $550 to defray the expenses of a contemplated journey to Europe, asked Horsford to get her a loan of that amount by means of a mortgage on the lot, and he agreed to endeavor to do so. Thereupon, with the intent to deceive and defraud her, he informed her that he had procured a party who would make the loan and asked her to sign a paper which was in fact a general power of attorney authorizing him as her attorney in fact to sell and convey the property. To induce her to execute it he informed her that it was a mort

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gage which, she must sign in order to get the money she wished. She was unable to read English and could write the same but imperfectly, and. she could not read the document. She did not understand its terms or comprehend its nature, character, or effect. She trusted implicitly in Horsford and believed his statements that the document was a mortgage and, being induced thereby, she signed and acknowledged it, believing .it was a mortgage. Afterward, on April 27, 1911, Horsford, in pursuance of his fraudulent purpose, conveyed the lot to Dennison, signing the deed for her as her attorney in fact, and paid her five hundred dollars, informing her that it was the proceeds of a loan he had ' procured upon the lot. Dennison paid no consideration for the deed and he knew that it was unauthorized. He mortgaged it for one thousand dollars, for Horsford’s benefit. On June 8, 1912, Dennison conveyed the lot to the plaintiff, Taber, who paid to Horsford and Dennison $2,680 in cash therefor and canceled a debt of $492 owing to him by Horsford. These transactions were brought about by Horsford in pursuance of his aforesaid design to defraud her. At some time in the year 1911 she returned from Europe and ever since that time she has been continuously in open, actual, and exclusive possession of the lot. Ever since, November, 1911, the premises have been in possession and occupancy of herself and her tenants, from whom she collected rents therefor. Taber, at the time he purchased the premises, knew of her possession and could have ascertained by reasonable inquiry the rights which she had in the property. He was not an innocent purchaser in good faith. Although the deeds aforesaid were duly recorded, Mary Beske knew nothing of them or of the execution thereof until long afterward. Taber did not assert to her any ownership of the lot until December 27, 1915. After the execution of the deed to him Taber made certain payments in discharge of obligations which inured to the benefit of the property and of the defendant Beske, amounting to $840. The findings also state that all the allegations of the cross-complaint are true. Among them is the statement that prior to accepting the deed from Dennison to the lot, .Horsford fully informed Taber of all the facts and circumstances attending the giving of the power of attorney aforesaid, that Dennison had paid no consideration therefor, and that Taber accepted said deed with full knowledge of her rights in the property and of the