Wassel v. Black

BARNARD, P. J. This is an appeal from a judgment in a quiet title action. Both parties claim under deeds from the same grantor and the disputed property is a strip between the properties admittedly owned by the parties, which is 67 feet wide and contains 2.675 acres.

Mr. and Mrs. Caffey owned the northwest quarter of the northwest quarter of a certain section in the Coachella Valley. This is what is known as a “short quarter,” containing 34.65 acres instead of the normal 40 acres. On January 3, 1947, the defendants agreed to purchase the easterly 20 acres of [218]this parcel, the deal being handled through the office of George Madden, a real estate agent. On January 4, 1947, the defendants caused a survey to be made and stakes set to mark the easterly 20 acres of the parcel. They immediately entered into possession and erected a house and garage which are situated upon the land now in dispute. They received a deed on April 5, 1947, describing the property as the east half of this short quarter instead of describing it as the easterly 20 acres thereof. The defendants did not discover this mistake until the fall of 1953.

In November, 1951, the plaintiffs purchased some land in the western part of this parcel from the Caffeys, Madden’s office also acting as real estate agent in this transaction. On November 20, 1951, the plaintiffs received a deed describing the property sold as the west half of this short quarter.

Two years later, in the fall of 1953, Mr. Black discovered for the first time that his deed described less than 20 acres. He took the matter up with Mr. Madden, the real estate agent. After examining the escrow instructions in the sale from Caffey to the Wassels, Mr. Madden prepared a correction deed from the Caffeys to the Blacks describing the property as the east 20 acres of the northwest quarter of the northwest quarter of this section, and stating that it was a correction of the deed dated April 5, 1947. This deed was dated January 2, 1954, and recorded on January 28, 1954. In July, 1954, the plaintiffs brought this action to quiet title to the west half of this short quarter. The defendants answered denying title in plaintiffs and alleging that plaintiffs had purchased this short quarter excepting therefrom the easterly 20 acres thereof, and that their deed mistakenly described the land they had purchased. Trial of the action commenced on April 30, 1956. Prior to the trial the court denied defendants’ motion for leave to file a cross-complaint and to bring in new parties. During the trial the court refused to allow the defendants to amend their answer for the purpose of setting forth in more detail the defense upon which they relied. The court found in favor of the plaintiffs, finding that the defendants have no right, title or interest in the land described in the plaintiffs’ deed, that it is not true that the plaintiffs purchased from the Caffeys the northwest quarter of the northwest quarter of this section excepting therefrom the easterly 20 acres thereof, and that it is not true that at the time they purchased the property the deed mistakenly described the property which the plaintiffs had purchased. A judgment was entered