Edelstein v. Pon

GRIFFIN, P. J. In this action plaintiff and respondent obtained a decree quieting title to five parcels of real property in Imperial County as against the defendant and appellant Imperial Irrigation District which appeals from the decree hut apparently urges the application of the appeal only as to Parcels 2 and 4. As to the other party defendants the matter was disposed of prior to trial.

In the complaint plaintiff claimed fee title to all five parcels set forth in the decree. Appellant district claimed a flooding easement for the Saltón Sea over all those portions of the five parcels located below the “minus 220-foot contour level.” In [796]appellant’s opening brief the appeal is confined to Parcels 2 and 4, conceding that plaintiff did show a better title to Parcels 1, 3 and 5. All parties agreed that the common source of title to Parcels 2 and 4 was in one Conover. He acquired title to Parcel 2 in 1919 under the name of C. B. Conover (Exhibit 15) and Parcel 4 in 1920 as Clarence B. Conover (Exhibit 16). The evidence as to the chain of title is entirely documentary. On October 18, 1950 C. B. Conover deeded a portion of Lot 4 to one Lemuel G. Davis and wife (Exhibit 6). On November 13, 1953, a death certificate of Clarence Conover was recorded, with the recitation that the informant was “Hazel L. Conover—daughter’’ (Exhibits). Defendants offered in evidence (Exhibit A) a deed indicating that on April 25, 1956, after the date of the death certificate, Clarence R. Conover deeded Parcels 2 and 4 to one Harry Pon. On August 15, 1957, Pon gave an easement deed to the appellant district of all of Parcels 2 and 4 below the “minus 220-foot contour’’ (Exhibit E). On March 4, 1958, a quitclaim deed was executed by Hazel L. Conover to plaintiff conveying all of Parcels 2 and 4 (Exhibit 1). On March 6, 1958, a quitclaim deed was executed from Mildred Genevieve Goodman to plaintiff of all of Parcels 2 and 4 (Exhibit 2) and a quitclaim deed of April 8, 1958 (Exhibit 7) from Lemuel G. Davis and wife to plaintiff of a portion of Parcel 4 as described in Exhibit 6.

On March 24, 1959, a decree of distribution in the estate of Clarence B. Conover, deceased, was granted which was received in evidence (Exhibit 3) distributing Parcels 2 and 4 (except portions in Davis deed) to plaintiff, affirming the deeds from Hazel L. Conover and Mildred Genevieve Goodman to plaintiff and finding them to be the sole heirs of Clarence R. Conover, deceased.

Appellant claims title under the one deed (Exhibit E) from Pon, who claimed under one deed from “Clarence R. Conover’’ (Exhibit A).