Huhtala v. Huhtala

PEEK, J. This is an action by plaintiffs to set aside a deed and to quiet title to certain real property situated in the town of Rocklin, California. At the conclusion of the trial the court sitting without a jury found against plaintiffs and entered judgment for defendant quieting her title to said property.

Plaintiffs’ original complaint contained merely the conventional quiet title allegations. The answer of defendant denied plaintiffs’ title and affirmatively alleged that she was the owner in fee of said property by virtue of a deed to her from Thomas D. Huhtala (hereinafter referred to as Thomas) dated January 25, 1941, and recorded May 12, 1945. However, at the outset of the hearing plaintiffs were granted leave to file a second amended complaint which, among other things, alleged that Thomas, who was the father of plaintiffs and Alfred Huhtala, defendant’s former husband, could neither read nor write the English language; that Thomas reposed great confidence in defendant, his daughter-in-law; that she, acting in unison with her husband Alfred, presented to Thomas [558]for his signature a document which she represented to be a will; that Thomas, relying on the representations of defendant and Alfred and without independent advice, signed said document believing he was devising the property he owned in the town of Rocklin to his grandchildren, the sons of defendant and Alfred; that more than four years after the execution of said document defendant caused the same to be recorded; that thereafter on June 12, 1945, Thomas executed a second deed wherein plaintiffs were named as grantees and who by virtue thereof are now the owners in fee of said property; that the second deed likewise was recorded; that the instrument under which defendant claims title is null and void, and that defendant has no right or interest in said property. The complaint concluded with a prayer that defendant’s deed be canceled and that title to said property be quieted in them. Defendant’s answer to the amended complaint denied all of the material allegations therein set forth, and on the issues so formed the cause proceeded to trial, resulting in the judgment previously mentioned.

Essentially the issues argued on appeal are questions of fact wholly within the province of the trial court: (1) That there was fraud in the procurement of the deed from Thomas to Helen, (2) that it was not delivered to her and (3) that it was not executed for a good and sufficient consideration. Nevertheless, we have thoroughly examined the transcript and not only do we find evidence which, if taken alone, would support the findings and the judgment but all the evidence when reviewed together is strongly persuasive of the conclusion reached by the trial court.