Ridgway v. Ridgway

California Court of Appeal Dec 12, 1949 No. Civ. No. 17119Published

Before: McComb

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Holding. The court held that the evidence supported the trial court's findings that the deeds were validly delivered to the grantees, that the transfer was an absolute conveyance in fee simple rather than a trust, and that the court properly granted affirmative relief in a quiet title action without a cross-complaint.

Issues

Was there substantial evidence to support the finding that the deeds were delivered to the grantees?
Was there substantial evidence to support the finding that the grantees held title in fee simple absolute and no trust was created?
Did the trial court err in granting affirmative relief to defendants in a quiet title action absent a cross-complaint?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A grant deed not actually delivered into the possession of the grantee is deemed constructively delivered where it is handed to a stranger for the benefit of the grantee and his assent made known or presumed.”

“In an action to quiet title, even though defendant does not file a cross-complaint or ask for any affirmative relief, a decree declaring that defendant has title, and enjoining plaintiff from further setting up a claim thereto, is a proper form”

McCOMB, J. Plaintiff’s decedent, John L. Ridgway, filed an action against defendants to quiet title to certain real property. While the action was pending, Mr. Ridgway died and Loretta Ridgway, special administratrix of his estate, was substituted as plaintiff herein. After trial before the court without a jury judgment was entered in favor of defendants decreeing that plaintiff had no interest in the property and enjoining her from asserting any right thereto. Prom this judgment plaintiff appeals.

The evidence being viewed pursuant to the rules set forth in the Estate of Isenberg, 63 Cal.App.2d 214, 217 [146 P.2d 424], and Shaver v. Canfield, 21 Cal.App.2d 734, 736 [70 P.2d 507], the record discloses the following facts:

[48]Decedent and Anise Ridgway were married in 1882. There were five children of the marriage who are defendants in the present action. Subsequent to their marriage decedent and his wife lived in Oklahoma until they came to California in 1908. They lived together here until the date of her death in 1942. In 1940, decedent and his wife told their son Claude that they desired to tranfer all of their property to their children, and asked him if he knew anyone they might consult regarding the matter. At this time decedent was 78 and his wife was 80 years of age. In October, 1940, decedent and his wife went to an attorney’s office where they gave instructions to him to prepare deeds transferring the property to their children. ' Subsequently on May 3, 1941, in the .office of the attorney, decedent executed the deeds which had been prepared, told the attorney to keep the deeds and to deliver them to Claude Ridgway, their son. Sometime later on the same day this was done. Claude Ridgway in turn gave the deeds to his sister, Delpha, who placed them in her safe deposit box and in February, 1947, the deeds were placed of record. At the same time Anise Ridgway had deeded all of her interest in the property held by her husband and .herself to John L. Ridgway, her spouse. On June 19, 1942, decedent’s wife, Anise Ridgway, died. On January 1, 1943, decedent married Loretta Ridgway. On March 19, 1947, the present action was filed by decedent. In July, 1947, he was adjudicated incompetent and on December 17,1947, he died.

Questions: First: Was there substantial evidence to sustain the following findings?

(a) That the deeds here in question were delivered to the grantees.

This question must be answered in the affirmative. The finding is supported by the evidence hereinafter set forth and these rules of law:

Ridgway v. Ridgway

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