Reavis v. Gardner

BRITT, C. The action is ejectment for a lot of land in Napa City. It is alleged in the complaint, in the usual manner, that plaintiff is owner of the land, and the allegation is denied by the answer. Both plaintiff and the defendant Dora L. Gardner claim to deraign title from one Nancy J. Hill. The trial was by the court without a jury, and among the findings of fact are the following: (1) That on January 28, 1889, said Nancy J. Hill was the owner in fee of said land, and on that day “conveyed the same, by a deed of grant, bargain and sale, to Ann E. Reavis; reserving in such conveyance an estate for her life in the premises.” (2) That on April 21,1891, said Nancy J. Hill “conveyed the demanded premises, by a deed of gift, to the defendant Dora L. Gardner,” for the consideration of love and affection; said Dora being a daughter of said Nancy J. Hill. Said Ann E. Reavis is also the daughter of Nancy J. Hill. (3) That Nancy J. Hill died June 2, 1892. That on December 27, 1892,' Ann E. Reavis made a deed of the premises to one Nellie Holt, and on November 10, 1894, said Nellie Holt executed a deed of the same to plaintiff. Upon these and some other findings, not necessary to be stated, judgment was rendered for the plaintiff.

On appeal the defendants argue that findings 1 and 2 are in conflict; that they represent the grantor as conveying the land twice—first to Ann E. Reavis and afterward to the defendant Dora. But understanding the findings, as we must, in their relations among themselves as a connected whole, and in the sense which will sustain rather than defeat the judgment (for that is the sense in which the court below doubtless meant them), there is no necessary conflict. The finding of a conveyance of the premises by Nancy J. Hill to Ann E. Reavis shows that a life estate was reserved to the grantor. The further finding of a conveyance by deed of gift to Mrs. Gardner should be understood to. refer to the conveyance of the life estate the grantor had then remaining in the premises—a title [429]which vsas determined by her death, on June 2, 1892. In this view, the finding of the death of Nancy J. Hill serves a purpose, and is material; for it shows that the interest reserved to her in the deed of January, 1889, and which passed to Mrs. Gardner by the deed of April, 1891, has ceased. But the circumstance of her death was wholly immaterial, if the court had meant to decide as a fact what the words in said finding 2, standing alone, import, viz., that on April 21, 1891, the premises were conveyed absolutely to Mrs. Gardner. We ought not to assume that the court has made any superfluous finding.