Blood Relatives of Hill v. Blood Relatives of Hill

In a proceeding, under section 1664 of the Code of Civil Procedure, to determine heirship in, and rights of succession to, the estate of Stephen Hill, deceased, a judgment was entered declaring that a certain tract of land was the separate property of Stephen Hill and that the remainder of the estate was the community property of Stephen Hill and his wife Isabella Hill, who had died during the administration of Stephen Hill's estate. Both husband and wife had died intestate. The heirs of Isabella Hill were declared entitled to one-half of the separate property and three-fourths of the balance of the estate. Said heirs appeal from the judgment and from an order denying their motion for a new trial. The one point in controversy between the parties is *Page 61 whether the tract of land above referred to was the separate property of Stephen Hill or the property of the community.

The findings contain a somewhat full statement of probative facts, and, in addition, declare, both as a finding of fact and as a conclusion of law, that the tract in question was the separate property of Stephen Hill. The probative facts found are as follows: The tract in controversy consists of 236.18 acres of land in Humboldt County. In April, 1858, Stephen Hill acquired an undivided one-half of the land, and on July 25, 1864, the other one-half. Hill was then an unmarried man. He and Isabella Hill were married on the first day of June, 1865, and continued to be husband and wife until the death of said Stephen Hill. In August, 1864, prior to Hill's marriage, he executed and delivered to John S. Connick a deed conveying to said Connick an undivided one-half of said land. Thereupon Connick went into possession of the premises with Hill and the two remained in joint possession until October 15, 1866, on which date Connick agreed to sell to Stephen Hill and Stephen Hill agreed to buy from him the one-half interest theretofore purchased by Connick, and Connick then and there delivered the possession of said property to said Hill and returned to him the deed which Hill had, in August, 1864, delivered to Connick. Said deed of August, 1864, had never been recorded and no writing or other conveyance was then or has since been made by said Connick to said Hill and no other act of any kind to perfect said conveyance was done by said parties other than that Stephen Hill took and retained exclusive possession of the premises and about August, 1867, paid said Connick one thousand one hundred dollars as one-half of the purchase price of Connick's interest and about two months later paid him the remaining one thousand one hundred dollars to complete the payment of said purchase price. After October 18, 1866, Connick made no claim to the ownership of said land. It is found that, except as above stated, Stephen Hill, his predecessors and grantors were in the exclusive possession and occupation of said land at all times from the fifth day of April, 1858, claiming the same as their own.