Boyd v. Lancaster

BARNARD, P. J. — This is an action, originally filed through a guardian ad litem, to set aside a deed by which Henry 0. Boyd had conveyed certain property to J. M. Lancaster. The deed recited a consideration of $10. Among other things, the complaint alleged that at the date of the deed Boyd was of unsound mind and physically and men[162]tally incapable of handling his business affairs. In his answer the defendant Lancaster alleged, among other things, that the deed had been given and accepted in full satisfaction of certain debts theretofore owed to him by the grantor. In a cross-complaint, he sought to have his own title quieted. An amendment to the complaint was later filed, in which the plaintiff offered to pay any amounts due to the defendant, with interest thereon.

On June 29, 1937, the court signed and filed findings of fact and conclusions of law, in which it was found that at the date of the deed Boyd was “a person of unsound mind, but not entirely without understanding”; that the consideration for the conveyance was grossly inadequate; that by reason of those facts the conveyance was voidable; that Lancaster had made certain advancements to Boyd; and that there was “now due and unpaid” certain sums which with interest thereon amounted to $5,300. As conclusions of law it was found that the property should be reconveyed to Boyd by Lancaster upon the payment of $5,300 within sixty days from and after July 1, 1937, and that if it was not paid title was to be quieted in Lancaster. No interlocutory judgment appears in the record, although a purported “order modifying interlocutory judgment” was filed on July 26, 1937, purporting to grant an extension of time to August 15, 1937, in which to comply with “the interlocutory order” filed “on the 29th day of May, 1937, designated ‘An Interlocutory Judgment. ’ ” No such an interlocutory order appears in the record.

On August 16, 1937, an order was entered “that a stay of proceedings to comply with the order heretofore made by the court be granted to and including August 30, 1937.” On August 26, 1937, the plaintiff filed an application for an extension of time within which to deposit the funds, noticing the same for hearing on August 30, 1937. On August 30, 1937, the court entered an order on its own motion and for good cause, continuing the hearing of this matter to September 20, 1937. Some time during the night of August 30-31, 1937, Henry O. Boyd died. In the meantime, on August 27, 1937, the plaintiff had caused an oil company to deposit $5,300 with a title company, which amount, however; was deposited conditionally in accordance with certain escrow instructions.