Ventura County Title Co. v. Constance

PULLEN, P. J. In 1912, Constance, the defendant and appellant herein, as vendee, entered into a contract with one Catherine Flint, as vendor, to purchase certain real property in the city of Ventura.

In 1924, Constance, being in default on the contract, the vendor commenced an action to quiet title to the property. Subsequent to the filing of the action and before judgment, Constance negotiated a loan with the Ventura County Title Company to pay the Flint claim. The Title Company advanced some $2,600 for this purpose, which was obtained from Charles Bernard. In consideration of this loan Constance joined with Catherine Flint and executed and delivered a deed of the property to the Title Company, and at the same time he entered into an agreement which provided that upon the payment by him of" the purchase price in instalments of not less than $75 a month with interest on the unpaid [643]balance, at the rate of 32 per cent per annum, the Title Company would reconvey the property to Constance.

Payments were made under this agreement from time to time, but with considerable irregularity, and after several years, during which time various street assessments and taxes had been paid by Bernard or the Title Company, an action was brought by the Title Company against Constance to quiet their title to the property.

To this complaint, the defendant answered, denying in general the allegations of the complaint and set up a cross-complaint alleging title in himself and an action for damages for the alleged destruction of property and loss of rents. The cause eventually came on for trial, wherein the court found against defendant in regard to his claim for damages, and found that the property had been removed with his knowledge and that no damage had been sustained thereby in any amount. The court further found that the deed in controversy, although absolute in form, was intended as security for the payment of the obligation of the defendant under the agreement of sale, and that plaintiff had been, since 1924, in the lawful possession of the property in question and has been vested with legal title thereto, subject only to the right of defendant to a transfer of the title and possession to him upon the payment by the defendant to plaintiff of $6,544.48, on or before January 2, 1936.

In accordance with these findings, and the conclusions of law based thereon, an interlocutory decree was made providing that in the event defendant paid to plaintiff the sum found due by the court, a final decree would be entered quieting title in defendant, but if not paid the final decree would quiet title in the plaintiff.