Salcido v. Jensen

FOURT, J. This is an appeal from an order denying a motion to vacate an order confirming the sale of certain real property of the estate of the incompetent.

[266]Elizabeth Cross was the owner of Lots 13,14 and the easterly 30 feet of Lot 15 of a tract of land particularly described and located in Los Angeles County. On or about February 1, 1957, she was adjudged to be incompetent, and on or about said date the Reverend Oscar B. Jensen was appointed the guardian of her person and estate by decree of court.

On about June 3, 1957, the guardian sold to Dave Gersh Lots 13 and 14 of the real property above mentioned. Sometime after June 25, 1957, the guardian ascertained that a portion of a single family residence constructed and being in large part on the easterly 30 feet of Lot 15, did in fact encroach upon and overlap onto Lot 14, which Lot 14, but for said encroachment and overlapping, was an unimproved lot. On March 4, 1958, the guardian filed a petition denominated a “Return of Sale of Real Property and Petition for Confirmation.” This petition set forth, among other things, that the property to be sold was the easterly 30 feet of Lot 15 heretofore mentioned; that the incompetent was the owner thereof ; that it was to the advantage of the estate to sell it as there was insufficient income to support the incompetent; that the guardian had given the proper legal notices and published the same, and that the guardian had, on February 20, 1958, sold at private sale, the real property in question to Dave Gersh for $1,500, payable $150 cash, and the balance to be represented by a promissory note in the sum of $1,350, payable on or before two days before the close of escrow, bearing interest at 6 per cent per annum; that no real estate broker had been obtained and no real estate commission would be paid; further that the property was being sold as is, and there were no warranties in connection therewith and that the property, “while improved is an old structure and has been reappraised for the sum of $1,500.00, for the reason that the lot is below the minimum standards of the City of Los Angeles and on which a dwelling may be maintained, and that furthermore the existing dwelling is partly on Lot 15 and Lot 14, the latter lot being owned by Dave Gersh.

“In the event that any person other than Dave Gersh is the successful bidder, the said sale is with the distinct understanding and agreement that the said dwelling must be removed in order that it may not continue to be located on Lot 14.”