Solomon v. Phillips

BARNARD, P. J. The plaintiff and the defendant Phillips were married in 1941. In October, 1944, they contracted for the purchase of a house and lot in Fresno which they occupied as a home. On February 19, 1945, this property was deeded to them as “Eobert M. and LaVerne J. Phillips, husband and wife, as joint tenants. ’ ’ This deed was recorded on May 18, 1945. In December, 1945, these parties separated and the property was leased to the defendant MeCluskey.

In February, 1946, the defendant Beiff obtained a judgment for $3,041.32 in an action against defendant Eobert M. Phillips in the Superior Court of Los Angeles County. An abstract of this judgment was recorded in Fresno County on March 6, 1946. An execution sale was held under this judgment and a sheriff’s certificate of sale was issued on December 9, 1947, and recorded on December 10, 1947, showing the sale to defendant Beiff of the interest of Eobert M. Phillips and the community interest, if any, of LaVerne Phillips, also known as LaVerne J. Solomon, in this real property.

On April 12, 1946, the plaintiff obtained a divorce from the defendant. Phillips in Nevada. Having remarried, she commenced this action on August 25, 1947. In the first three causes of action she’ sought a partition of this real property and other relief as against the defendant Phillips. In the [3]fourth and fifth causes of action she sought to quiet her title to this real property as against the defendants Reiff and McCluskey, respectively. At the trial the issues raised by the first three and the fifth causes of action were amicably disposed of, and the trial proceeded on the issues raised by the fourth cause of action. With respect thereto, the court found that during the married life of the plaintiff and the defendant Phillips they acquired this real property by their joint efforts; that the property was acquired by said parties and held by them as joint tenants from February 19, 1945, until December 10, 1947, when the interests of the defendant Phillips were terminated by an execution sale and the issuance of a sheriff’s certificate of sale in favor of the defendant Reiff; that from said date the property has been held as tenants in common by the plaintiff and the defendant Reiff; and that the defendant Phillips has no further interest in said real property. As a conclusion of law, it was found that the plaintiff is entitled to a judgment declaring that she is the owner of a half interest in the property as a tenant in common with the defendant Reiff, and that Reiff is the owner of a half interest as a tenant in common with her. Judgment was entered accordingly, and the defendant Reiff has appealed from those portions thereof which award the plaintiff a one-half interest in the property as a tenant in common with him.