Von Neindorff v. Schallock

BARNARD, P. J. —This is an action to quiet title. The first count of the complaint sets forth all of the facts relied upon as showing that all of the defendants are estopped from disputing the plaintiff’s title to the land in question. The second count is in the ordinary form of a quiet title action. Judgment was entered in favor of the plaintiff and the defendants Lamkin have appealed.

The real property involved in this action is a small piece or strip of land situated within the exterior boundaries of a 24%-acre orange grove, which was owned by the defendants Schallock. The legal title to this smaE piece stood in the name of the Magnolia Water Company, which is apparently a defunct corporation. The Schallocks built a house on the small strip in question, although about five feet of the house on one side and nine feet on another side extended over upon the land to which they had title. They occupied the entire property, including this strip, for some fourteen years and paid taxes on both parcels for more than the required five-year period. In AprE, 1932, the respondent bought the orange grove from the Schallocks, who represented that the house was a part of and went with the place. The deed to the respondent contained several reservations not material here, and also contained a clause excepting therefrom the strip of land here in question. It appears that [46]neither the Schallocks nor the respondent knew that this exception was in the deed and it was stipulated at the trial that it was the intention of all of them that the deed should cover all of the land within the exterior boundaries of the 24%-acre tract.

The Schallocks received all of the consideration agreed upon, consisting of a certain amount of cash, certain personal property, two promissory notes which were later reduced to judgment, and the respondent assumed and agreed to pay a trust deed which was then a lien on that part of the property to which the Schallocks had title. The appellant Helen Lamkin was the beneficiary of this trust deed, the description of which particularly excepted the strip here in question. The respondent took possession of all of the property in April, 1932, and personally occupied the same, including the house, from October, 1932, until about the end of September, 1933. At that time the appellants moved into the house, having received a trustee’s deed after a foreclosure of the trust deed. This trustee’s deed, like the trust deed, covered only that part of the property which had stood in the name of the Schallocks and excepted the property here in question. About October, 1933, the appellants discovered that they did not have a record title to the strip of land on which most of the house was built. Thereupon they obtained a quitclaim deed from the Schallocks and a purported deed from certain stockholders of the Magnolia Water Company. The appellants had given to one Richardson an option to purchase the real property they had acquired by the sale under the trust deed. This option was assigned to the respondent who assigned it to one Konda. This option did not cover the strip of land involved in this action but covered only the property acquired under the sale under the trust deed. Konda later exercised that option, which led to another action and another appeal, Konda v. Lamkin, 19 Cal. App. (2d) 635 [66 Pac. (2d) 164], and he has never asserted any claim to the property here in dispute.