Sutton v. Sutton

BARNARD, P. J. The plaintiff brought this action for divorce on August 6, 1954. The complaint alleged that the parties were married in Tijuana, Mexico, on August 9, 1952, and separated on July 3, 1954; that there is community property consisting of a house and lot in Mira Loma (Riverside County) the title being held by them in joint tenancy; and that there are no children of the marriage. The defendant filed an answer denying the allegations of the complaint and alleging that the parties never went through a marriage ceremony at any time or place, and that they are not and never have been husband and wife. He also filed a cross-complaint alleging that on or about August 8 or 9, 1952, the parties went through an alleged marriage ceremony at Tijuana, and that the application for such a marriage was not submitted to [732]the proper officials, or signed or certified by such officials, as required by Mexican law. In one cause of action he alleged that on May 5, 1952, the plaintiff sold this lot in Mira Loma to him for $575 by an oral contract; that he paid $205 on May 20 and $370 on June 14,1952, as provided in the oral contract; that she told him she had conveyed the property to him, which he believed; that when served with divorce proceedings on August 6, 1954, he cheeked at the recorder’s office and learned that instead of deeding the property to him she had deeded it to herself and to him as joint tenants; and that while in possession of the lot, under said contract, he erected a building thereon of the value of $4,500. In another cause of action he alleged that on July 3, 1954, the plaintiff told him that she had been living with another man for several months. He prayed that the marriage be declared null and void, for a divorce, and that the defendant be required to convey the real property to him. No evidence was received on either request for a divorce, since the court first held that a legal marriage had not been established.

The court found that these parties never went through any marriage ceremony at any time or place, that they are not and never have been husband and wife, and that the plaintiff is not and never has been the putative wife of the defendant. The court also found that on or about May 5, 1952, the plaintiff sold this real property to the defendant for $575 by an oral contract and agreed to convey the property to him by grant deed upon his payment of the purchase price; that this was the fair value of the property; that the defendant paid this consideration to the plaintiff and she delivered possession of the property to him; that she told him she had conveyed the property to him, and he believed her; that he first learned on August 6, 1954, that she had not done so but instead had deeded it to them both as joint tenants; that while in possession under said contract the defendant, with the knowledge of plaintiff, erected a building worth $4,500 on said premises; that defendant has fully performed said contract, and plaintiff has refused to give him a grant deed in accordance therewith; and that plaintiff was now in possession of the property, under permission given by the defendant. Judgment was entered denying a divorce “as no marriage exists”; decreeing that the defendant is the sole and legal owner of this real property; ordering the plaintiff to surrender possession and to convey the premises to the defendant ; and ordering that the parties bear their respective costs.