Brusseau v. Hill

RICHARDS, J.

This is an appeal from a judgment in the plaintiff’s favor in an action to quiet title to a tract of land in the city of Oakland. The complaint is in the usual brief form of pleading in such actions. The answer consists in equally brief denials of the plaintiff’s ownership and averments to the effect that the title to the premises in question was in Charles Kruse, deceased, at the time of his death, and that the right of possession thereto is in his estate, of which the defendant is the administrator. The findings of fact of the trial court reveal specifically the source and foundation of the plaintiff’s title to the property, and upon the basis thereof finds that all of the allegations of the plaintiff’s complaint are true and that he is the present owner and entitled to the possession of the premises in dispute. The specific findings of the

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court rest upon uncontradicted evidence as to the transaction and the circumstances surrounding the same, through which the plaintiff acquired whatever rights he asserts in the property. These findings are in substance as follows: That on and before the fourth day of March, 1923, Charles Kruse was the owner and in possession of the premises, specifically describing the same; that on said March 4, 1923, he executed and delivered to the plaintiff, George W. Brusseau, an instrument in writing in words and figures as follows:

“Oakland, March 1st.

“This is my gift of deed all is in my possession to Mr. G. W. Brusseau after my deat.

“Chas. Kruse.”

That at the same time and accompanying the delivery of said instrument Charles Kruse delivered to the plaintiff the key to the house on said premises theretofore occupied by Charles Kruse as his residence, and declared to the plaintiff, “They are for you,” and directed him to take care of said paper and that he “would never need them again.” He also stated that he never expected to return from the hospital to which he was then preparing to go, and hence directed plaintiff to take possession and control of said premises, which the latter immediately proceeded to do; that Kruse was then suffering from an illness which proved to be fatal and from which he shortly thereafter died at said hospital; that while an inmate thereof and a day or two before his death he confirmed his previous statements to the plaintiff in conversations, in which he stated that he had transferred his said property and effects to the plaintiff in part at least in payment of a considerable indebtedness which he owed plaintiff for labor and services which the latter had rendered during previous years, and that plaintiff need not worry about his pay as “I have given you all my property for you have been kind to me.” The trial court found from the evidence before it that such indebtedness in fact existed and formed of itself a sufficient consideration for such transfer. The court further found that Charles Kruse at the time of the execution and delivery of such instrument was of the age of about sixty-five years; that he had an imperfect knowledge and use of the English language; that he lived alone, was unmarried,