Gotcher v. Gotcher

WHITE, J. Defendant Catherine A. McKenna has appealed from a judgment adverse to her in an action brought by Ruby R. Gotcher to quiet title to real property located in the city of Los Angeles. Defendant John D. Gotcher was not served with summons and did not appear, and at the trial the action was dismissed as to him.

The property in question was conveyed by a grant deed from Cornelia Christie, dated January 2, 1946, recorded January 23, 1946, to “John D. Gotcher and Ruby R. Gotcher, Husband wife, as joint tenants.” On March 11, 1947, John D. Gotcher executed and delivered a quitclaim deed to ‘ ‘ Ruby R. Gotcher, a married woman, as her sole and separate property, and in her separate right.” This deed was recorded March 13, 1947.

[565]In answer to plaintiff’s complaint, defendant Catherine A. McKenna alleged that under the deed from Cornelia Christie all that was conveyed or intended to be conveyed to plaintiff “was a contingwent right to one-half of the net profits, to be realized, only upon a sale of the land for an amount over and above the purchase price, upkeep, repairs, taxes interest on Trust deed to Cornelia Christie, in the sum of $10,500.00, all of which amounts were paid by and from the separate funds and monies of the said John D. Gotcher.” She further denied that John D. Gotcher made or intended to make any conveyance to Ruby R. Gotcher, and asserted that in connection with a proposed sale, the plaintiff “represented and stated to John D. Gotcher, that if he would execute and place in escrow a quitclaim deed to Ruby Gotcher that it would expedite the closing of the sale. That relying on such representations made by the said Ruby Gotcher, John Gotcher, did execute a quitclaim deed to Ruby Gotcher, to be placed in the escrow and to be used only for the purpose of consumating the said sale . . . That the sale was not made and the deed was not delivered to Ruby Gotcher, as a conveyance, or to be a conveyance to her of any interest in the property, and further alleges that plaintiff Ruby Gotcher, secured possession of the said quitclaim deed without the knowledge or consent of the said John D. Gotcher, and caused it to be recorded . . . and without any consideration of any kind to him for the said deed. That said John D. Gotcher did not know that said quitclaim deed had been so wrongfully secured from the escrow and recorded . . . until on or about 1st day of May, 1947,.....” The answer contained the further allegation that “this defendant Catherine A. Mc-Kenna, now is and has been since the 30th day of April, 1947, the owner in fee of all of title and interest of the said John D. Gotcher, and which he ever had or formerly owned in the said real property, which said deed was made for a valuable consideration, and has been duly recorded. ...”