Racouillat v. Requena

By the Court, Crockett, J. : The facts of this case are, that in July, 1857, Requena was appointed by the Probate Court guardian for J. L. Vignes, an infirm old man, who was adjudged incompetent to manage his affairs; that instead of taking the personal control of the ward and his estate, the guardian left both, in a great measure, under the management of the two brothers Sainsevaine, with the consent, as he alleges, of the children and heirs at law of Vignes; that the guardian filed no inventory of the estate of his ward, except as hereinafter stated; nor any account of his guardianship, until the year 1862, after the death of the ward. But in the last named year he filed what purported to be a final account, and asked that it be [653]settled and allowed. Some of the heirs at law appeared and contested the accounts, on several grounds, and among others, on the ground—first, that the guardian had filed no inventory ; second, that his accounts were not properly verified; third, that they were not supported by proper vouchers; fourth, that he had paid demands against the ward which were not justly due; fifth, that some of the items of the account accrued after the death of the ward; sixth, that some of the charges were for moneys alleged to have been advanced by the Sainsevaines, for the ward, and which were improperly credited to them, inasmuch as they were bound by a prior contract with the ward to pay these sums, to exonerate from existing incumbrances a tract of land sold to them by Vignes. On the filing of the exceptions to the accounts, the guardian obtained leave to file, and did afterward file an inventory of the estate. On the trial of the exceptions it appeared that in the year 1851 Vignes and his children entered into a written contract for the settlement of the claim of the children to one half of the property then remaining in possession of Vignes, which was common property, and which the children claimed to have inherited from their deceased mother. By the terms of this contract, the children were to receive in cash one half of a stipulated sum, and the remaining half was to remain as a lien on the whole property, or on the purchase money therefor, in case Vignes should thereafter sell the property. We had occasion, in Racouillat v. Sainsevai?ie, 32 Cal. 376, to expound fully the legal effect of this contract, and in that case we held that it was in effect an equitable mortgage, and bound the property, or the purchase money therefor, in case of a sale, in the hands of Vignes or a purchaser with notice. It also appears that a portion of this property, and which was known as the “ Aliso Vineyard,” was afterwards sold and conveyed by Vignes to the Sainsevaines, and that the real consideration of the transaction was a covenant by the Sainsevaines to pay all existing incumbrances on the property and