Fitzsimmons v. Raiche
Fitzsimmons v. Raiche
Opinion of the Court
The plaintiff in this quiet title action finds herself in a dilemma. The title to the real property in question, if we look only to the deeds which were made and delivered, was in her brother at the time of his death. That is also where it was if the intent with which the deeds were made and delivered is given effect. In either event the judgment in favor of the administrator of her brother’s estate, from which the plaintiff has appealed, should be affirmed.
There is some room in the evidence for a conflict in the inferences which might have been drawn concerning the intent with which plaintiff’s brother acted, but the trial court had ample grounds for the conclusion, which it doubtless reached, that these were the penultimate facts. Plaintiff’s brother owned his home. He became somewhat fearful that his creditors might look with longing eyes at it, so he proposed to his sister, and they carried out, the following program. He made a deed of his home to her, personally filing it with the registrar of titles, without the deed ever being
The elementary principles of law which uphold the trial court’s conclusion that, at the time of his death, plaintiff’s brother and not the plaintiff held title to the property (Miller v. Jansen (1943), 21 Cal.2d 473 [132 P.2d 801]; Blackledge v. McIntosh (1927), 85 Cal.App. 475 [259 P. 770]; Hall v. Ferguson (1935), 8 Cal.App.2d 444 [47 P.2d 1073]; Rothney v. Rothney (1940), 41 Cal.App.2d 566 [107 P.2d 284 [294]]), are not rendered inapplicable by the fact that the property had been placed under Torrens Title. (Warden v. Wyandotte Savings Bank (1941), 47 Cal.App.2d 352, 356 [117 P.2d 910], and cases cited.)
The judgment is affirmed.
Desmond, P. J., and Wood (Parker), J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.