Howland v. Howland

SHENK, J. The defendants, George D. Howland and Annie E. Howland, have appealed from a judgment for the plaintiff Lotus Howland in an action to quiet title to certain land situate in the county of Los Angeles. The same defendants also appealed from an order of the trial court terminating all proceedings on the appeal. The plaintiff moved to dismiss the appeal from the judgment. That motion was denied for the reason that it was premature, and the denial was qualified as without prejudice to a renewal of the motion if the appeal from the order terminating proceedings for a record in the lower court should be decided adversely to the appellants. (Howland v. Howland, 11 Cal. (2d) 20 [77 Pac. (2d) 475].) The appeal from the order terminating proceedings was affirmed. (Howland v. Howland, 42 Cal. App. (2d) 4 [108 Pac. (2d) 41].) Another motion to dismiss the appeal from the judgment was made after the transcript was filed. That motion, also the appeal on the merits presented on the judgment roll alone, are now submitted for decision.

The plaintiff alleged ownership of a one-quarter interest in land which was particularly described. The defendants answered. The defendants’ pleadings disclose that the defendant George D. Howland is the father of the defendant Oliver P. Howland, and that the plaintiff and Oliver P. Howland were married in June, 1928. It is alleged therein that George D. Howland had conveyed a one-half interest in the property to his son for the purpose of providing for his education; that an open account was kept between father and son of all amounts furnished by the father and all amounts repaid by the son, and that the conveyance was [792]intended as security for the repayment of the balance; that the balance due from the son to the father was $9609.65; that on June 16, 1930, the plaintiff procured a duly executed and acknowledged writing from Oliver F. Howland, which did not contain a particular description of the land, but which purported to convey to the plaintiff a one-half interest in the land conveyed to Oliver F. Howland by his father; that the same was without consideration and was obtained by force, coercion and threats of blackening the name of Oliver F. Howland; that the delivery of said writing was kept a secret from the defendant, George D. Howland.

The trial court found that the plaintiff was the owner and entitled to the possession of an undivided one-quarter interest in the property; that in 1911 the defendant, George D. Howland, conveyed the westerly 14 acres of said land to Oliver F. Howland, and that in July, 1929, the father and son exchanged deeds so that the son became the owner of an undivided one-half interest in the property; that on June 16, 1930, Oliver F. Howland conveyed a one-fourth interest in the land to the plaintiff; that an open account was not kept between father and son, and that the sum of $9609.65 was not due to the father from the son; that the father did not depend upon the property conveyed to his son as security for any balance that might be due from the son; that the son was possessed of unencumbered property of a market value far in excess of any moneys due to the father; that the conveyance to the plaintiff by Oliver F. Howland was not without consideration, but was prompted by the express desire of said defendant to provide for and care for the plaintiff; and that the plaintiff did not exert any coercion, menace, force or threats on the defendant, Oliver F. Howland; that the conveyance to the plaintiff was not made for the purpose of defrauding the defendant, George D. Howland. The court also found that George D. Howland had notice, knowledge and information concerning said conveyance long prior to the commencement of the action and since the month of November, 1932, and that he acquiesced in and approved of the transfer.