Bilsland v. Kennedy

McCOMB, J. From a decree quieting title in plaintiff, defendant Ver da B. Kennedy appeals.

The evidence being viewed in the light most favorable to plaintiff (respondent), the essential facts are:

Mrs. Margaret Bridgford owned a house and lot located at [241516] 17th Street, Los Angeles. Her foster daughter, defendant Verda B. Kennedy, married defendant R. M. Kennedy prior to 1919. On July 1, 1937, Mrs. Bridgford accompanied her son-in-law on a short trip in Los Angeles to collect some rent from a tenant of Mr. Kennedy. While they were in the automobile Mrs. Bridgford said she wanted to give the property she lived in to Verda Kennedy, whereupon Mr. Kennedy told Mrs. Bridgford that “we might get a deed and a Notary right here if you want to transfer the property,” whereupon they went into the office of Mr. Bisinger for a deed and a notary. Neither one being available in Mr. Bisinger’s office, he took them around the corner and introduced them to Mr. Rasmussen from whom they obtained a quitclaim deed which was executed by Mrs. Bridgford naming Verda Kennedy as grantee. The deed was then handed to Mr. Kennedy with instructions for him to keep the deed and to have it recorded only in the event that Mrs. Bridgford should move to Oregon or if she no longer had any use for the property.

July 3, 1943, Mr. Kennedy gave Mrs. Verda Kennedy an envelope containing the deed and asked her to have it recorded in the county recorder’s office. Mrs. Kennedy did not know the contents of the document when she had it recorded pursuant to her husband’s instruction. On August 26, 1943, Mrs. Bridgford, when preparing a will by which she left the property above-described to Mrs. Bilsland, learned for the first time the deed had been recorded and at such time said she had never signed such a deed. Thereafter she instructed her attorney to institute the present suit to quiet title to the property.

On February 22, 1944, Mrs. Bridgford died and Florence M. Bilsland, administratrix of her estate, was substituted as plaintiff in the present action. Defendant R. M. Kennedy also died before the case was tried and his evidence was received in the form of a deposition which had previously been taken.

This is the sole question necessary for us to determine:

Was the deed whidh Mrs. Bridgford had executed July 1, 1937, delivered to Mrs. Verda B. Kennedy?