Williams v. Stillwell

CURTIS, J.

Plaintiff brought this action to quiet his title as against the defendants to certain real property described in his complaint and situated in the county of Sacramento. Defendants answered denying plaintiff’s title. A trial was had before the court, and at the conclusion thereof the plaintiff was given leave to file an amended complaint to conform to the proofs. Thereupon plaintiff filed such a pleading wherein he restated his cause of action in his original complaint to quiet title and added a second cause of action setting up an executed parol gift of said real property from his mother. Thereupon the court made findings and rendered judgment in favor of the plaintiff upon the cause of action set forth in said amended complaint based upon an executed parol gift of said real property. Prom this judgment the defendants have appealed.

Plaintiff is the father of the „ two defendants, Lola C. W. Stillwell and Hazel K. W. Shepard. Said defendants are sued as the executrices of the last will and testament of Mary V. Graham, deceased. Plaintiff was the son of Mrs.

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M. C. Williams, who was the owner of 800 acres of land in Sacramento County. Besides the plaintiff, Mrs. Williams was the mother of Sarah A. Graham and Mary V. Graham, children by a former marriage. Plaintiff was married in 1890 and went to live with his mother on said 800-acre tract of land. He testified, and there is no contradiction to his testimony, that during that year and shortly after his marriage, his mother verbally gave him a government quarter-section out of her larger tract of land, being the land now in dispute, provided he would build a house and make his home thereon. He immediately built a small house on said 160-acre tract, and he and his wife moved thereon, and lived there until her death some six years thereafter. In addition to said dwelling-house, he built on said land outbuildings, a barn, pumping plant and other structures. He enclosed some 30 acres in a pasture. During this time the two defendants were born. After the death of his wife he ceased to make his home on said land for a period of ten years. During his absence he leased said land for six years and received the rental therefrom. The place remained idle during the remaining four years for the reason that he was unable to find a tenant. In the- meantime he had married a second time, and in the year 1906 returned to said land and lived thereon with his wife from that time on to the trial of this action. His mother with her two daughters, the Graham sisters, resided on the old home place adjoining the land in dispute. She never executed any deed to said 160-acre tract in plaintiff’s favor. In 1900 she deeded to her two daughters the entire 800 acres, which included the 160 acres claimed by plaintiff. She> continued to live with them in the old home place until her death in 1915. Sarah A. Graham died in 1920, and by will devised all property owned by her to her sister. The latter died in 1929, leaving a last will in which the two defendants were named as the executrices thereof, and were thereafter duly appointed and qualified as such executrices. After their appointment they sought to dispossess the plaintiff of said 160-acre tract of land; whereupon he instituted this action to establish his ownership thereof. As stated above, the trial court rendered judgment in his favor.