U.S. Oil and Land Co. v. Bell

ANGELLOTTI, J.

J.—This is an appeal by defendants from an order denying their motion for a new trial.

On June 12, 1897, defendant Kate M. Bell was the owner of a tract of land in Santa Barbara County containing about, ten thousand acres, under a deed from her husband, defendant John S. Bell, which had not been recorded. On that day she and her husband, by deed of conveyance, which was duly-recorded June 18, 1897, granted, sold, and conveyed to James. L. Crittenden and Sidney M. Van Wyck, Jr., an undivided, one half thereof. This deed also purported to convey an undivided one half of another tract containing some four-thousand acres, in which concededly defendants had no interest, and which is in no way here involved. Thereafter, on October 30, 1897, Mrs. Bell made and acknowledged her deelaration of homestead as to a portion of said ten-thousand-acre tract, containing seventy-five acres, more or less, and such, declaration was duly recorded November 1, 1897. On March 7, 1899, said Van Wyck conveyed his interest under the deed, aforesaid to James L. Crittenden, and on September 18, 1902,. said Crittenden and his wife conveyed said undivided one-half of said ten-thonsand-acre tract to plaintiff. This action.

[783]

was brought by plaintiff on October 31, 1902, to obtain a. decree adjudging that defendants have no interest in any part. of said ten-thousand-aere tract other than that Mrs. Bell has1an undivided one half interest therein as tenant in common with plaintiff, that plaintiff is the owner in fee of an undivided one half as tenant in common with Mrs. Bell, and that the declaration of homestead is null and void. On July 14,, 1903, the defendants answered, and on the same day Mrs. Bell filed a cross-complaint, the object of which was to obtain a, judgment declaring the deed of June 12, 1897, rescinded and annulled on the ground that there was not any adequate or-sufficient consideration therefor, and that the same was executed and procured by and through undue influence of the grantees, by an unfair advantage of Mrs. Bell’s weakness of' mind, taken by the grantees, and by an oppressive and unfair-advantage of her necessities and distress taken by said grantees. Plaintiff answered the cross-complaint. The find-, ings of the trial court were full and complete in favor of plaintiff upon the question of the validity of the deed of June 12, 1897. It was found that the deed was made “for a valuable, adequate and sufficient consideration,” that they “did. freely and voluntarily make, execute and deliver” the same, “that there was no concealment or misstatement or misrepresentation whatever or of any kind upon the part of said Jarrett T. Richards in any of his transactions ... in the-matter of the said deed,” that said deed “was not made, executed or delivered under or by reason of or as the result of any undue influence or of any oppressive or unfair advantage-taken of the mental distress or financial embarrassment or-necessitous condition of the defendants or either of them by said James L. Crittenden, or by said Sidney M. Van Wyck, Jr., or by said Jarrett T. Richards or by Charles P. Carrier or-by any one on behalf of them or either of them,” “that neither of said defendants was ever or at any time subject to any undue influence exercised by any of said parties, but that said defendants with full knowledge and notice of all the facts, acted freely and voluntarily.”