Haralson v. Bank of America National Trust & Savings Ass'n

BARNARD, P. J. In this action to quiet title to two lots in Ocean Beach the plaintiff claims under a grant deed to herself and one David Conroy as joint tenants, which deed has been lost or destroyed and was never recorded. The defendants claim under another deed from the same grantor to Conroy alone and under Conroy’s will. Prom a judgment in favor of the defendants the plaintiff has appealed.

It appears from the evidence that in December, 1925, one Ilollycross agreed to sell his equity in these lots to Conroy [621]and the appellant, whose name then was Grace E. Smith. On or about the 8th day of that month Hollycross and his wife signed and acknowledged a deed purporting to convey the property to Conroy and the appellant as joint tenants. All of the consideration was then paid by Conroy except a balance of $28 or $38. At that time the two grantees named in the deed were engaged to be married. Immediately thereafter the appellant purchased a small house with money given her by Conroy, and moved it onto these lots. They built a small porch and made other alterations in the house. Between December 9, 1925, and December 23, 1925, several permits were issued for such alterations and for the installation of plumbing and electrical equipment. Some of these were issued to each of the grantees named in the joint tenancy deed. Some of the bills for these alterations were paid by each of these parties but the money for all of them was furnished by Conroy. The house was insured in both of their names. When the repairs were completed the appellant took possession of the house. After living there three weeks an argument arose between her and Conroy as a result of which they “broke up” and abandoned their marriage plans. The appellant left the house between the 10th and 15th of January, 1926, and Conroy moved in and lived there until he died, on July 14, 1933. On October 13, 1926, Conroy paid to Hollycross the balance owing on the purchase price of the lots and received from him a deed naming Conroy as the sole grantee, which deed was recorded. In his will Conroy left all of his property to the individual respondents.

The appellant thus states the only question raised: “The question involved in the case is: Was the joint tenancy deed delivered?” An important and necessary element in the transfer of real property is the delivery of a conveyance with intent to transfer the title. (Duffy v. Duffy, 71 Cal. App. 251 [235 Pac. 62]; Williams v. Kidd, 170 Cal. 631 [151 Pac. 1, Ann. Cas. 1916E, 703].) The question of delivery is one of fact and the finding of a trial court on such a question, based on conflicting evidence, will not be disturbed on appeal. (Duffy v. Duffy, supra; Donahue v. Sweeney, 171 Cal. 388 [153 Pac. 708].)