Miles v. Trezevant

SPENCE, J. Plaintiff, the former wife of defendant Charles Kenneth Miles, brought this action to quiet title to certain real property and for an injunction. Plaintiff appeals from a judgment in favor of defendants.

In 1932, defendant Charles Kenneth Miles executed a promissory note in favor of defendant C. S. Miles, his father, for the sum of $7,000, together with a deed of trust to secure said note covering the real property in question. Said deed of trust was subordinate to a first mortgage on said real property. In 1932, said C. S. Miles, at the request of his said son, indorsed said note “without recourse” and delivered it, together with the deed of trust, to his son, who in turn delivered said instruments to defendant R. M. Trezevant in payment of legal services performed and to be performed by the latter for defendant Charles Kenneth Miles. Plaintiff and defendant Charles Kenneth Miles had been divorced and the legal title to said real property had become vested in plaintiff pursuant to a sale thereof on execution to satisfy the obligation of said defendant for support as provided in the divorce decree.

This action was brought against the defendant ■ R. M. Trezevant, as holder of said note and deed of trust, and also against other defendants. The first count was in the ordinary form of an action to quiet title. The second count set forth the facts as alleged by plaintiff, who claimed that by reason of said facts, the obligation of defendant Charles Kenneth Miles upon said note had become wholly released and discharged. Plaintiff therefore sought to enjoin the sale under said deed of trust. Defendant R. M. Trezevant and defendant Charles Kenneth Miles answered, denying all the material allegations of the complaint and alleging certain facts regarding the transaction by which said [60]note and deed of trust liad been delivered to the latter by his father and in turn delivered to defendant R M. Trezevant. The answer of the defendant bank, which was the trustee under the deed of trust, was in the form of a general denial. Defendants C. S. Miles and his wife filed a disclaimer.

The trial court found in effect that the note and deed of trust had been delivered by defendant C. S. Miles to defendant Charles Kenneth Miles, as the agent of defendant C. S. Miles, with instructions to deliver the same to defendant R M. Trezevant in payment for the above-mentioned legal services and that defendant Charles Kenneth Miles did so deliver said instruments to said defendant R M. Trezevant as agent for defendant C. S. Miles; that said instruments were delivered to defendant Charles Kenneth Miles solely for the purpose last mentioned; that said delivery to defendant Charles Kenneth Miles was without consideration from said defendant Charles Kenneth Miles but that the delivery to defendant R. M. Trezevant was for a valid consideration ; that said note was valid and that said obligation had not been extinguished or satisfied by reason of the transaction above mentioned or otherwise. The trial court further found that plaintiff was the owner of said real property, subject, however, to said deed of trust. Judgment was entered accordingly decreeing that the note, secured by said deed of trust, was a valid and subsisting obligation and denying to plaintiff the relief asked.