Belletich v. Belletich

KNIGHT, J. This is an appeal from a judgment in plaintiff’s favor in an action to reform a deed. It was taken on the judgment roll by John and Mary Belletich, two of the several defendants sued.

The following are the principal facts of the case as they appear from the trial court’s findings: The defendants John and Mary Belletich and Antonio and Mary Kudrich agreed to convey to plaintiff certain residential premises in the city of Los Angeles known as 713 North Hill Street, upon which there was built a two-story frame dwelling, and subsequently, in consummation of said agreement, a grant deed was executed by Antonio and Mary Kudrich and delivered to plaintiff, conveying to him lot 51 of the Rosas tract. However, the premises agreed to be conveyed included also the north half of lot 52, and the dwelling rested partly on each lot. This situation was known to the defendants at the time these transactions took place, but was unknown to plaintiff. In this connection the trial court found that the premises known as 713 North Hill Street had a frontage of 45 feet on the west side of said street, and that the entire width of the premises (lot 51 and the north half of lot 52) was necessary to accommodate said house and to permit reasonable passageway to the rear; that there was an old fence running along the northerly line of lot 51, and another fence running along the southerly line of the north half of lot 52, which fences for many years enclosed the premises along the north and south lines; that the premises had the appearance of one lot, and had been used as such for “a single-home residential property”, and had but a single street address. The court also found that during the negotiations leading up to the making [734]of said agreement the defendants told plaintiff the property he would receive and which would be deeded to him was the premises at 713 North Hill Street, and that throughout said negotiations the plaintiff believed and the defendants knew he believed that when reference was made to the property known as 713 North Hill Street all parties referred to and had in mind the premises as a whole; that when plaintiff accepted the deed he believed it conveyed to him the entire premises, and that defendants “knew or suspected” that plaintiff accepted the deed under the mistaken belief that it conveyed to him the entire premises; that they knowingly took advantage of the plaintiff's mistake and for the purpose of deceiving him deeded to him only part of the property they had agreed to convey. Furthermore, the trial court found that under said agreement “the consideration that was to move to the plaintiff was” the premises known as 713 North Hill Street; that after the execution and delivery of the deed to plaintiff the grantors Kudrich transferred title to lot 52 to John and Mary Belletich, who simultaneously executed a deed of trust thereto to the Kudriehes as beneficiaries and naming Security First National Bank of Los Angeles as trustee.