Rispaud v. Rispaud

LANGDON, J.—

This is an appeal from a judgment quieting the title of each of four plaintiffs to an undivided one-fifth interest in forty acres of land in Santa Clara County, California, described as the southwest quarter of the northwest quarter of section 10, township 8 south, range 2 west, M. D. M., hereinafter referred to as Parcel “A.” It is contended by the defendants upon this appeal that the evidence is insufficient to support the findings, and that the trial court erred in not ruling that another .action was pending at the commencement of this action and that this action should, therefore, have abated.

The facts necessary for an understanding of the relationship of the various parties are disclosed by documentary evidence, from which it appears:

By December 30, 1878, Joseph Rispaud and Marius Garcin had acquired, jointly, the following described parcels of real property: South half of the southwest quarter, and the northeast quarter of the southwest quarter, and the southeast quarter of the northwest quarter of section 10. township 8 south, range 2 west, M. D. M., and also the northwest quarter of the southwest quarter of section 10.

These parties were, therefore, the joint owners, on the date mentioned, of the entire southwest quarter of section 10 and also the joint owners of the southeast quarter of the northwest quarter of the same section. This entire tract will be referred to as Parcel “B.”

On this date, that is December 30, 1878, neither Garcin nor Rispaud, jointly or severally, owned any interest in the land involved in this case, that is Parcel “A,” that parcel still being vested in the government.

On June 11, 1885, Garcin and Rispaud were still the joint owners of Parcel B and had not acquired any other land, jointly or severally, in that section. On the last-men

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tioned date they partitioned their joint holdings. This was done, as disclosed by the record, by two deeds: One from Joseph Rispaud to Marius Garcin conveying all of the west half of section 10, township 8 south, range

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west, lying north of the Saratoga Turnpike road, and one from Marius Garcin to Joseph Rispaud conveying all of the west half of section 10, township 8 south, range 2 west, M. D. M., lying south of the Saratoga Turnpike road. From an examination of the map found in the record, it is to be seen that the Saratoga Turnpike road roughly bisects Parcel B, the larger portion being south of the road. It is to be noted that at that time the two parties did not own the entire west half of section 10, although both deeds executed in connection with the partition use that general description. It was the obvious intent and purpose of the parties to divide up their joint interest in Parcel B. Neither party, at that time, owned or claimed any interest in Parcel A, although it is part of the west half of section 10 and lies north of the Saratoga Turnpike road.