Hart v. Richardson

BARNARD, P. J. Alva E. Richardson, who will be referred to as the plaintiff, owned four lots in National City on which he operated a motel. On March 25, 1951, he and the defendant were married in Yuma, Arizona. On November 15, 1951, he deeded the motel property to the defendant and himself as joint tenants. On April 11,1952, the defendant filed an action for divorce, and another action for a partition of the motel property. The complaint in the divorce action alleged that the community property consisted of the furniture in the motel, and that the parties owned a motel business situated on property held by them in joint tenancy. The [244]prayer was for a divorce, for all of the community property, and for such other relief as the court deemed proper. Summons and a copy of the divorce complaint were served on this plaintiff on April 14, 1952.

On May 23, 1952, this defendant signed a deed reconveying her interest in the motel property to this plaintiff, and he executed and delivered to her a note for $13,375, secured by a trust deed on the property. This deed and trust deed were recorded on June 4, 1952. On the same day (May 23) this plaintiff also signed a stipulation, entitled in the divorce case, stating that said action might be heard on the complaint as a default matter and without notice to him, and further stipulating that a certain 1950 automobile and a certain note for $13,375 secured by trust deed on the motel property were this defendant’s separate property, and that there was no community property of the parties. This stipulation was filed in the divorce action on June 6, 1952. This defendant also dismissed her action for partition.

An interlocutory decree of divorce was entered on June 16, 1952, in which the court also found and adjudged that there was no community property, and that the 1950 automobile and this note for $13,375, secured by a trust deed, were, the separate property of this defendant.

On November 21, 1952, this plaintiff was adjudicated an incompetent person, and a guardian was appointed. On February 11, 1953, this action was filed. The complaint alleged that on May 23, 1952, the plaintiff owned this real estate as his separate property; that he was then, and for more than a year had been, incompetent; that on April 11, 1952, the defendant filed an action to partition said property, and an action for divorce; that on May 23,1952, the defendant threatened to place a receiver on this property, and supplied the plaintiff with liquor; that while the plaintiff was in an intoxicated and incompetent condition, which was known to the defendant, she caused him to sign a stipulation stating that the $13,375 note and trust deed, and the 1950 automobile, were her separate property; and that at the same time she fraudulently induced him to sign this note and trust deed. The prayer was for a cancellation of this note and trust deed, and this written stipulation.