Thompson v. Jones

HENSHAW, J.

This action was brought by plaintiff for the partition of certain land situated in the county of Sonoma. The complaint alleged that plaintiff is the owner in fee of an undivided one-half interest in the land and is a tenant in common with the defendants. The answer denied any interest or ownership of the plaintiff in the lands and by cross-complaint defendant Cora M. Jones asserted ownership in herself of all of the land and sought a decree so declaring.

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The court found in favor of the plaintiff upon all the material issues and decreed a partition. From this interlocutory decree defendant Cora M. Jones appeals.

The findings of the court may be thus summarized. For many years prior to the eighth day of October, 1908, Cora M. Jones and B. W. Jones (plaintiff’s grantor) had been maintaining an illicit relationship, living together and representing themselves to be husband and wife. Cora M. Jones prior to the eighth day of October, 1908, owned as her separate property some six thousand dollars, which upon that date she deposited in the Bank of Napa in the city of Napa in the name of and to the joint account of B. W. Jones and Cora M. Jones so that either the said B. W. Jones or the said Cora M. Jones could check against this account and draw out all or any part of the money. It was the declared intent of Cora M. Jones when she made this deposit to allow B. W. Jones to check against it and use it or any part of it as he saw fit. On the eighth day of October, 1908, B. W. Jones and Cora M. Jones purchased the land described in plaintiff’s complaint. The land was paid for by check against the funds in the Napa Bank which check was drawn by B. W. Jones. The deed to the land was taken in the name of B. W. Jones and Cora M. Jones and by this deed the two became tenants in common of the land, each owning an undivided moiety thereof.

Subsequently, in June, 1909, B. W. Jones and Cora M. Jones intermarried. They continued to live upon the land, which was farming land, until 1911. This relationship ended in a divorce procured by Cora M. Jones. Following this Cora M. Jones brought an action in ejectment against B. W. Jones to recover the land. This action was commenced on the thirty-first day of May, 1911. Upon June- 5th following a

lis pendens