Bruce v. Churchman

SCHOTTKY, J. pro tem. Appellant filed an action in claim and delivery to recover possession of a 1938 Ford coupé from respondent, alleging in her complaint that she was the owner of said automobile as the surviving widow of Thomas William Bruce, deceased, under section 630 of the Probate Code; that before the commencement of this action she demanded possession of said automobile from respondent, but that same was refused. Respondent filed an answer denying that appellant was the owner, or entitled to the possession of said automobile, and setting forth that respondent was the owner and entitled to the possession thereof.

The brief bill of exceptions gives a clear picture of the evidence before the trial court, and is as follows:

“The case being called for trial plaintiff introduced into evidence the following exhibits: A duly certified copy of a certificate of ownership as plaintiff’s exhibit No. 1; a certified copy of an operator’s license issued by the Department of Motor Vehicles of California to Thomas William Bruce, as plaintiff’s exhibit No. 2; and a certified copy of a certificate of marriage between plaintiff and said Thomas William Bruce as plaintiff’s exhibit No. 3; and plaintiff then called defendant for cross examination under Section 2055 Code of Civil Procedure, who thereupon testified as follows: she had been personally acquainted with said Thomas William Bruce, deceased, since early in 1938, both in the vicinity of his old home in Texas, where plaintiff resides, and in California after leaving Texas; it was common repute in these said localities that Thomas William Bruce and plaintiff were husband and wife; that Mr. Bruce had died by accidental drowning in Nevada County, California, on June 14, 1940. Plaintiff thereupon rested, and defendant, to sustain the issues on her part offered in evidence a Certificate of Ownership issued October 23, 1940, by the Department of Motor Vehicles of [852]California showing ownership of the Ford automobile claimed by plaintiff, in herself, to which offer plaintiff objected upon the grounds that it was incompetent and irrelevant, having been issued long subsequent to the death of Mr. Bruce and also 19 days after the filing of plaintiff’s complaint. Plaintiff’s objection was overruled and said certificate admitted as defendant’s exhibit No. A. Defendant then further testified in her own behalf as follows: she had at several times during the lifetime of Mr. Bruce loaned him various sums of money to assist him in paying for the automobile in question and that those sums totaled $107.00. She admitted, however, that she kept no record of memorandum of any of those payments, and that nothing was ever said between herself and Mr. Bruce as to repayment; that she was keeping house for Mr. Bruce at the time of his death, and had been doing so for three months prior thereto; that he promised to pay her $30.00 per month for those services but never did so; that this indebtedness was never again discussed between them; that when said Certificate of Ownership on said automobile was-received from the Department of Motor Vehicles of California, by Mr. Bruce, he handed it to her saying only ‘Keep these papers and do not lose them; ’ that she placed the same in her purse and kept it there until after the death of Mr. Bruce, and then on or about the 18th day of October, 1940, she exhibited the certificate to her attorney Mr. Manwell, who pointed out to her that the signature of Mr. Bruce appeared in the place and in the line for the signature of the owner when he transfers possession of an automobile. She had not noticed the signature before; that except as stated above she had no further conversation with Mr. Bruce, concerning the certificate of ownership or the transfer of the automobile, or the delivery of the certificate; that Mr. Man-well showed her where to sign her name and she did so sign, and the Certificate of Ownership was issued to her, a copy of which certificate is Defendant’s exhibit No. A. The evidence then closed. Whereupon the court remarked that no showing had been made that plaintiff had complied with the provisions of Section 630 of Probate Code to establish her right to the subject of the controversy. It was then stipulated by counsel for both parties in open court that plaintiff had not furnished defendant with an affidavit showing that plaintiff is the surviving spouse of said decedent, Thomas William Bruce, or that the total value of the decedent’s prop