Booker v. Castillo

ANGELLOTTI, J.

This is an appeal by defendants from a judgment and an order denying their motion for a new trial in an action commenced by plaintiff on June 12, 1905, to have it determined that the estate of his testatrix is the owner of a tract of land containing some 160 acres in San Luis Obispo County, and that defendants’ claims thereto are without right. Plaintiff’s claim, sustained by the findings and judgment, is that the estate of Mrs. Andrews owns the whole property. The defendants’ claim is that such estate owns only an undivided eight twelfths thereof, that four of the defendants, surviving children of Juan Castillo, deceased, each owns an undivided one twelfth, and that the whole property is ■subject to administration in the matter of the estate of Juan Castillo, of which one of said children, Graciano Castillo, is administrator.

The material facts are clearly set forth in the findings of the trial court. Plaintiff’s claim is based entirely on a sheriff’s deed executed after sale in foreclosure proceedings on a mortgage given on the interest of Gorgonia Valencia in said property by the administrator of her estate, on order of the court duly made in the administration of her estate. It was author

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ized to be given and was given to secure a loan of one thousand one hundred dollars, made by plaintiff’s testator, Mrs. Andrews, to enable the administrator of Mrs. Gregorio Valencia’s estate to satisfy a foreclosure decree on a prior mortgage on the property, given by her and her husband Gregorio Valencia, on November 9,1895, to one B. Sinsheimer, and assigned to the Andrews Banking Company, and the money loaned was used for the authorized purpose. The mortgage of November 9, 1895, was given to renew a former mortgage given by the same parties on December 2, 1889, which had been given to-renew a mortgage on the same property executed to Sinsheimer by Gorgonia alone, on December 4, 1883, while she was. the wife of Juan Castillo. It is not disputed by defendants that the sheriff’s deed vested in the estate of Mrs. Andrews whatever interest Gorgonia Valencia’s estate had in the property, the claim being that as to an undivided four twelfths, thereof, neither Gorgonia nor her estate ever had any interest..

From July 5, .1860, to October 6, 1884, Juan Castillo and said Gorgonia were husband and wife. This relation was terminated on the last-named date by the death of Juan. For at least ten years next preceding his death, they, with their children, resided on this property. During this time, — viz., on October 17, 1882, one Joaquin Dughi made and delivered to said Gorgonia, the wife, a deed purporting to grant, bargain,, sell, and convey the property to her, for the expressed consideration of six hundred and fifty dollars. Accepting the-theory most favorable to plaintiff, said Dughi was, at the time-of the execution of this deed, the owner of the property It is-not intimated that the purchase price was not paid from community funds. The only evidence on the question is the deed itself. No conveyance of the property was ever made by-Juan to his wife. Juan left six children, two of whom (Juanita and Ellnora) died before Gorgonia, never having, attained the age of majority, married, or had issue. The other four children are defendants here. Letters of administration on the estate of said Juan were issued to Graciano Castillo, one of said children, who is both personally and as such administrator a defendant here, and said estate is still pending,, unsettled and undistributed. From the time of Juan’s death, to her marriage with Gregorio Valencia, February 18, 1886, Gorgonia, with her children by Juan, continued to reside on-.