Elliott v. Elliott

BARNARD, P. J. This is an action to quiet title to three parcels of real property near Twentynine Palms, consisting of two 5-acre tracts and one of 3 acres. The complaint, filed in December, 1952, alleged that the plaintiff was then and for a considerable time had been the owner of and in possession of these three parcels, and that the defendant Lester Elliott, as an individual and as administrator of the estate of Marie Elliott, claimed some interest in the property adverse to the plaintiff. As a second cause of action it was alleged that the plaintiff acquired ownership of said lands on March [33823], 1937, by virtue of a gift of the same from his brother John Elliott which was acquiesced in by Marie Elliott, wife of John Elliott; that John Elliott and Marie Elliott had held legal title to said lands as joint tenants; that pursuant to said gift plaintiff entered into possession of said lands and has since occupied and improved the same and paid the taxes thereon; that John Elliott died on June 15, 1940; that Marie Elliott died on January 19, 1947; that Marie Elliott’s will was admitted to probate in the Superior Court of the County of San Bernardino on December 3, 1948; and that the defendant Lester Elliott is the duly qualified and acting administrator of her estate. The prayer was that it be adjudged that the plaintiff is the owner of these parcels of land, and that the defendant be forever barred from asserting any claim respecting said lands adverse to the plaintiff.

After a trial, the court found that the plaintiff is not now and never has been the owner of said parcels and, except as thereafter found, is not entitled to the possession of said lands; that the plaintiff acquired no ownership in these lands or premises by reason of a gift from his brother John Elliott, or from any other person; that the plaintiff, pursuant to the express permission and consent of his brother John Elliott, has been in the possession of and is now in the use and occupancy of one of these 5-aere tracts; that a structure used as a residence is located on this 5-aere tract and has been continuously occupied by the plaintiff since the year 1936 with the original approval of the owner John Elliott; that it was agreed between plaintiff and John Elliott that the plaintiff could use said residence as a home for the term of his life; and that the plaintiff made no improvements to any of these three parcels, except only to that parcel upon which the structure was erected and which had been occupied by the plaintiff as a residence since the year 1936. As conclusions of law, it was found that the plaintiff has no right, title or interest whatsoever in or to these parcels of land, with the sole exception that he is the owner of an irrevocable license to use the 5-acre parcel upon which the house was built, as a home, for the term of his life. Judgment was entered accordingly, adjudging and decreeing that the plaintiff take nothing by reason of his complaint save and except only that he is the owner of an irrevocable license to use this Sracre parcel, as particularly described, for the term of his life. Plaintiff’s motion for a new trial was denied, and he has appealed from the judgment.