Dykes v. Dykes

GRIFFIN, J. Plaintiff brought this action to quiet title to certain described real property. Plaintiff and defendant, as husband and wife, purchased, in the name of defendant, on written contract dated February 10, 1940, from one Papagni and wife, property in Fresno, for the total sum of $1,500. The down pa'yment of $150, cost of improvements, and payments on the contract were made with community funds, mainly from rentals derived from two apartments later built on the two lots in the rear of the main building.

On January 29, 1942, while there was matrimonial discord between them, a written agreement was entered into. It provided generally that Mr. Dykes would collect all rents from the buildings and use all money so collected in the payment [508]of incumbrances against the property; that all payments would be made in the names of and for the benefit and credit of both parties. It provided for an accounting upon demand, and that the agreement was “not intended to be a release of the property rights of equity from either party unto the other, but solely an agreement for the preservation of the community property rights of both.” The parties accepted it. Leroy Dykes subsequently secured a divorce from plaintiff. Neither the interlocutory nor the final decree made mention of the property herein described.

On May 16, 1942, Leroy Dykes signed his name to a document reading as follows:

“May 16,1942.

“This is to certify that I Leroy Dykes have agreed with Pete Papagni, that I have purehaced a home from Pete Papagni and hereby realise all of my interest in it because I am unable to continúate the payments. I do not wan’t anything for my equedity.

“Leroy Dykes

Witness:

“Morris Cocola

“Josephine Cocola.”

The trial court found that Leroy Dykes was an illiterate person and that when he signed the document above quoted he could not read, write or understand intelligently; that he was unable to read it and did not understand the meaning or import of the words; that it was not explained to him; that he was told by Pete Papagni, and so believed, that the only purpose of said document was to place upon Etta Dykes the responsibility and obligation to collect the rents from the' property and to pay them to Papagni as payments on the contract, and to pay the necessary expenses of maintenance; that Leroy Dykes was not told that he was conveying his interest in the premises; that he believed said statements and relied upon them, not knowing the contents thereof; that after the separation, Mrs. Dykes did collect the rents and paid them to Papagni; that the revenue was sufficient to pay all installments, interest, taxes and insurance when due; and that the property had a rental value of $84 per month; that there was never any accounting had between the parties; that the improvements to the property and rents were applied for the benefit of both parties; that each still retained his and her respective one-half undivided interest therein; that the prop