de Arnaz v. Escandon

Ross, J.: Neither the pleadings nor the findings in this case are what they ought to be. We are opinion, however, that the judgment must be affirmed.

From the findings it appears that the land in controversy, [488]called the Rancho Los Pitos, was conveyed in June, 1874, to the defendant Francisca Escandon, then and still the wife of the defendant Angel Escandon, hy deed of grant, bargain, and sale, which deed expressed a money consideration; and it seems to he conceded on both sides, that the facts found by the Court in relation to the conveyance show that the rancho thereby became the separate property of the wife. It further appears from the findings, that in August, 1874, the defendants Escandon became indebted to the plaintiff in the sum of six hundred dollars, to secure the payment of which they executed to him a mortgage on the rancho. This debt, with the accumulated interest, amounted on the twenty-eighth of November, 1876, to eight hundred and thirty-four dollars and eighty-five cents. At that time the defendant Angel was also indebted to the plaintiff in the further sum of eight hundred and thirty-five dollars and fifteen cents, and was indebted to one Ruiz in the sum of one thousand one hundred and sixty dollars, which latter indebtedness was secured by a mortgage on the house and lot on which he and his wife resided, in the town of San Buenaventura. Under these circumstances the defendant Angel and the plaintiff entered into an arrangement by which the former agreed to sell and convey to the latter the rancho and the house and lot, in consideration of the discharge and satisfaction by the plaintiff of the indebtedness due him from the defendants Escandon, and of the indebtedness due him from the defendant Angel, aggregating one thousand six hundred and seventy dollars, and of the assumption by the plaintiff of, and his agreement to pay, the indebtedness of the defendant Angel to Ruiz; and of the payment by plaintiff to the defendant Angel of the further sum of one hundred and seventy dollars in cash; and of the agreement on the part of the plaintiff that the defendants Escandon should have the privilege of repurchasing the rancho and the house and lot at any time within two years after the twenty-eighth of November, 1876, upon the payment to plaintiff of three thousand dollars, with interest thereon at the rate of one and one quarter per cent, per month, compounded every six months.

Pursuant to this agreement the plaintiff, on the twenty-eighth of November, 1876, paid to the defendant Angel one [489]