Tryon v. Huntoon

California Supreme Court Aug 22, 1885 No. No. 9769Published

Before: Searls

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Holding. The court affirmed the judgment quieting title in the plaintiff, holding that the presumption of a resulting trust arising from the payment of purchase money by another was rebutted by evidence of the decedent's donative intent, and that the plaintiff established title through the Statute of Limitations.

Issues

Whether the trial court erred in finding that the property was a gift to the plaintiff rather than held in trust for the decedent.
Whether the plaintiff established title to the disputed portion of lot seven through the Statute of Limitations.
Whether the court erred in dismissing the motion for a new trial as to the administrator of the decedent's estate.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The only effect of this presumption is that it arises upon proof of the facts upon which it is predicated without further proof as to what the real intention of the parties may have been, but it is not an irrebutable presumption.”

“The deed was sufficient to give color of title and possession under it for thirty years and upward by plaintiff, and her grantors claiming title is sufficient to give a perfect title under the Statute of Limitations.”

“After a careful examination of the whole record we conclude the judgment and orders appealed from should be affirmed.”

Synopsis

Deed—Consideration Moving from Stbangeb—Tbubt—Peesumtion—Evidence.—Wlien a transfer of real property is made to one person, and the consideration is paid by or for another, the presumption of a trust in favor of the person by or for whom the payment is made may be rebutted by evidence showing a different intention between him and the grantee.

Id.—Uncertaintt oe Description. — A deed describing the property intended to he conveyed as “ three fractions of lot seven, J and K, Fourth and Fifth streets, Sacramento City,” is void for uncertainty.

Id. — Colob or Title—Possession—Statute of Limitations.—Such a deed is sufficient to give color of title, and possession under it for the requisite time will give a perfect title under the Statute of Limitations.

Action to Quiet Title — Heies mat Maintain ob Defend—Joindeb of Administbatob—Dismissal.—An action to quiet title to land, under section 1452 of the Code of Civil Procedure, may be maintained or defended by the heirs of a deceased intestate in their own name, without joining the administrator; and where the administrator is originally joined as a defendant with the heirs, and judgment is rendered against them, an order dismissing a motion for a new trial as to the administrator is without injury to the heirs.

Searls, C. Action to quiet title to the west twenty feet of lot number six, and the east five feet of lot number seven, in the block or square bounded by Fourth and Fifth, J and K streets, Sacramento.

Plaintiff had judgment, and defendant moved for a new trial, pending which motion J. S. Huntoon, administrator of the estate of E. L. Billings, deceased, one of the defendants, consented to the dismissal of the action as to him. The motion was overruled as to the defendants L. N. Billings and D. D. Billings, who appeal from the judgment, from the order denying the motion for new trial, and from the order dismissing, as to Huntoon, the motion for new trial.

E. L. Billings, who was a brother of appellants and respondent, died intestate in Sacramento, January 23, 1883. He was a native of Canada, and came to California in 1852, where he accumulated a large property and continued to reside until his death.

When E. L. Billings was about to come to California, his sister, the plaintiff, then twenty-one years of age and unmarried, was engaged in teaching school at eight dollars per month.

From her slender earnings she furnished him $100 to assist him in defraying the expenses of his journey. In 1858, according to the findings of the court, E. L. Billings procured the owners of the land in dispute to convey the same to his sister, the plaintiff herein, for a consideration of $7,000, which was paid by him.

Before that time, viz., on the 21st day of November, 1855, said E. L. Billings had procured the then owners of the premises to convey, and they had conveyed, the undivided one half of said premises to plaintiff, the consideration for which was paid by Billings.

Plaintiff was at that time in Vermont, and knew nothing of the conveyance to her until informed thereof by deceased, who at the same time requested a power of attorney from her authorizing him to take possession of, lease, and sell all lands which she had or might thereafter have in Sacramento City. She executed and returned to deceased the power of attorney.

The question in the court below was to the nature of the trans; actions by which title to the property vested in the plaintiff [327]She claims the property was conveyed to her as a gift from her brother on account of the love and affection he bore her, while defendants, on the other hand, assert that the property was only conveyed to her as a convenience, and as a precaution against unforseen misfortunes in business, and that deceased having advanced the purchase money, plaintiff took the legal title in trust for him.

Tryon v. Huntoon

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