Buller v. Buller

YORK, P. J. This is an appeal from a judgment in favor of plaintiff Claire M. Buller, in an action to quiet title and determine the ownership of a sum of money.

The facts which form the background of this action briefly are as follows:

Claire M. Buller and John J. Buller were formerly husband and wife, and during their marriage they accumulated certain personal property together with two parcels of real property situate in Riverside County, to wit:

(1) Lot 62 of the Chancellor Tract No. 1, also referred to throughout the record as Chanslor Tract No. 1;

(2) The northeast quarter of section 34, township 8 south range 22 east, S.B.B.&M., referred to in the record as the government “homestead” property.

On September 6, 1933, said Claire M. Buller brought an action for divorce against said John J. Buller upon the ground of habitual intemperance, alleging in her complaint, “VI. Thpt plaintiff and defendant, during the period of their married life, accumulated a certain parcel of land located in the County of Riverside, State of California, and described as: Chancellor Lot No. 62, located in or near the City of Blythe, State of California. That said plaintiff and defendant have certain cattle located on a ranch in Riverside County, California. That plaintiff is now possessed of certain bales of cotton, honey, and alfalfa seed, all of which is community property of plaintiff and defendant.” But no mention was made in the complaint of the homestead property. The prayer of the complaint was to the effect that “all of the community property ... be awarded to plaintiff.” [696]Although the trial court found in the divorce action “that all of the allegations of plaintiff’s complaint are true”; no disposition was made of any of the community property in either the interlocutory decree of October 25, 1934, or the final judgment of divorce entered on October 30, 1935.

On March 2, 1937, defendant John J. Buller quitclaimed all his interest in both parcels of real property to his sister, Elizabeth B. Atwill, the appellant herein.

Thereafter, in 1939, the homestead property was sold to E. E. Quick, who received a grant deed therefor from John J. Buller, a quitclaim deed from Elizabeth B. Atwill and her husband, William H. Atwill, and also a quitclaim deed from Claire M. Buller covering said property. The purchase price of $762.50 was deposited by Mr. Quick with the Riverside Title Company, whereupon on November 16, 1939, Claire M. Buller caused an execution to issue out of the aforesaid divorce action directed to the said title company on account of money in the amount of $983 which had accumulated and was unpaid by John J. Buller to said Claire M. Buller for the support of the couple’s minor children. The title company made its return to the execution to the effect that it had no knowledge as to whether John J. Buller, Claire M. Buller or Elizabeth B. Atwill was the owner of the whole or any part of the deposit of $762.50. Shortly thereafter, the instant action was instituted by Claire M. Buller “for the purpose of having the title to said sum of $762.50 now held by the Riverside Title Company, determined, and her interest therein quieted, and the interest of said John J. Buller paid over under and pursuant to the terms of the Writ of Execution heretofore issued out of the above entitled Court.” The Riverside Title Company interpleaded and deposited said sum of $762.50 with the clerk of the trial court, and the instant action was dismissed as to said company.