Treat v. Treat

The plaintiff sued to quiet title to and recover possession of 228 acres of land, alleging that he was the owner thereof in fee simple. The defendant answered, denying that the plaintiff was the owner of the land, as averred, and alleging that he and the plaintiff each owned an undivided one-half thereof. He also set up facts, by way of estoppel, against the claim of the plaintiff to more than an undivided one-half of the land. While the action was pending the defendant conveyed all his interest and claim to the intervener, who filed an answer similar to that of the defendant. They each also filed a cross-complaint to quiet title to the undivided one-half claimed by the defendant and conveyed to the intervener. The intervener's rights are, of course, based on those of the defendant and need not be separately considered. The cause was submitted to a jury, a verdict was rendered for the plaintiff, and judgment was given accordingly. Defendant and intervener have each appealed from the judgment and from the order denying their motions for a new trial.

The facts relating to the alleged estoppel are as follows: On and prior to October 10, 1905, Webster Treat, the father of plaintiff and defendant, was the owner of the land in controversy. On that day, by a duly executed deed, he conveyed the same to the plaintiff. The evidence shows that it was understood between them that Webster Treat was to have the possession and enjoyment of the land during his life and that the deed was not to be recorded until after his death. This understanding was carried out by them and the father remained in possession until his death on August 7, 1908. On April 16, 1906, Webster Treat executed another deed purporting to convey the same land to the plaintiff and defendant as tenants in common, an undivided one-half to each. The defendant had been, ever since the year 1898, assisting his father in working the farm and residing in a small house thereon near a larger house which was the residence of Webster Treat. A short time after the execution of the deed of April 16, 1906, the plaintiff visited the farm in controversy and was then informed by the defendant of the execution of the deed from Webster Treat to the two sons. Plaintiff did not then inform the defendant of the execution of his deed. What he did say was that his father had always done a great deal more for the defendant than he had done for the plaintiff and that he had promised to give the plaintiff that farm, *Page 331 but that he would make no fuss about the deed of one-half to each, provided the defendant would treat the plaintiff square, and that he wanted the large house in his half. The defendant remained in ignorance of the deed of October 10, 1905, until August 14, 1908, a few days after the death of Webster Treat, when he was informed thereof by the plaintiff. On August 17, 1908, plaintiff caused the same to be recorded. On August 18, 1908, the defendant received a letter from the plaintiff informing him that the plaintiff has taken legal advice in regard to the deed, that he was advised to have it recorded, and that he had done so. The particular circumstances upon which the defendant claims the estoppel are that in June, 1906, he and his father executed a note to the Bank of Martinez for three hundred dollars to obtain money to pay bills on the ranch; that in 1906 he repaired some damage on the ranch caused by the earthquake; that in November, 1907, he paid the sum of five hundred and sixty-nine dollars upon the interest upon a mortgage given by Webster Treat on the farm; that in January, 1908, he and his father executed a note for four hundred and ninety-five dollars to Ignace and Company in settlement of bills for expenses of carrying on the farm and living expenses; that in November, 1908, he paid the additional sum of two hundred and sixty-eight dollars as interest on the father's mortgage on the farm; and that in November, 1908, he paid twenty dollars taxes thereon. Webster Treat did not pay either of the notes above mentioned and judgments have been recovered upon said notes against the defendant, since the death of Webster Treat. The defendant testified that he executed these notes and made these payments and repairs because of his belief that he was the owner of one-half of the ranch, under the deed of April 16, 1906, from Webster Treat, and that he would not have done so if he had been informed of the execution of the deed of October 10, 1905, by Webster Treat to the plaintiff. He also testified that he had moved onto the farm in 1898 at the request of Webster Treat to assist him in working the farm; that it was then agreed between them that he should receive one hundred dollars a month as wages; that no wages had been paid; that accounts were existing between him and his father which had never been settled, and that he refrained from demanding a settlement *Page 332 of Webster Treat in his lifetime because of his belief that he was the owner of one-half of the farm.