Corodemus v. Borden
Corodemus v. Borden
Opinion of the Court
This is an action to quiet title to certain real property in Oceanside, improved and used as a hotel.
This property was acquired by Sidney 0. Lang in October, 1938, and conveyed by him to Florence Borden in January, 1939. These parties worked together in the transactions here involved and were married April 1, 1941, and for convenience Florence Borden will be referred to as Mrs. Lang. This property was incumbered with mortgages and assessment liens, with certain payments long overdue, and early in 1940 the Langs advertised it for sale in several papers and then became interested in trading their equity for farm land in Imperial County. W. S. Harris, a real estate broker, became their agent in an attempt to accomplish this purpose.
On April 14, 1940, Mrs. Lang signed a written offer in which she offered to exchange the hotel property, subject to incumbrances to be adjusted to $5,000, for certain real property near El Centro owned by Dominie Gross, subject to incumbrances of $3,000. This offer had attached to it a form of acceptance to be signed by Gross. Gross rejected the offer and refused to sign the acceptance, although the date of his rejection does not appear.
About this time Harris approached the Wesleys, who agreed to exchange three parcels of land near Alpine which they owned, together with a $2,000 note and trust deed covering adjoining property, for Mrs. Lang’s equity in the Oceanside property. On April 18, 1940, the Langs, Harris and the Wesleys met in Oceanside, where certain instruments were exe
On that day, April 18, Mrs. Lang signed and acknowledged a grant deed conveying the Oceanside property, subject to incumbrances of record, to the Wesleys. Wesley and Harris testified that after it was signed and acknowledged Mrs. Lang handed this deed to Wesley. The Langs testified that after it was acknowledged Harris put the deed in his pocket. In any event, before these parties left the notary’s office, and without the knowledge of the Wesleys, Harris gave to Mrs. Lang a paper acknowledging his receipt of this deed “to be used as per agreement dated April 14th, 1940.’’ There also appears" on the bottom of the written offer to exchange properties with Gross, above referred to, a notation written in longhand dated April 18, addressed to Harris and signed by Mrs. Lang, which reads: “I herewith hand to you a deed from Florence Borden to L. G. Wesley and Jesty A. Wesley which you are arthraused to use when you can comply with above agreement. ’ ’
The Langs, Harris and the Wesleys went from the notary’s office to the Oceanside property, where the Wesleys, under the instructions of Harris, assigned the Alpine trust deed and note to one Harrison and delivered them to Harris. This was apparently done with the idea, and on the representation of Harris, that' they would be used in obtaining something from Harrison that would aid the Langs in acquiring Gross’ property near El Centro. It appears that this trust deed and note were exchanged by Harris for Harrison’s equity in certain other property in El Centro, which equity was later lost through some foreclosure proceeding. On the same day, April 18, the Wesleys took possession of the Oceanside property and began operating the hotel, paying the taxes and bills and reducing the incumbrances. The Langs remained at the hotel for about a month assisting the Wesleys in learning the business, and then moved away.
The deed to the- Oceanside property was recorded by the Wesleys on April 29,1940. The court found on ample evidence that the Langs had actual knowledge of such recording at that time. While the Langs denied this they admitted that by July, 1940, they knew that this deed had been recorded. The Wesleys discovered that the liens against the Oceanside property exceeded the amount represented to them by $325 and demanded payment of that amount. On June 22,1940, the Langs gave to the Wesleys a note for that amount, payable in six months. On June 23, 1940, the Wesleys executed a deed conveying the Alpine realty to Mrs. Lang and delivered it to Harris as her agent. Harris deposited this deed in the escrow in El Centro, above referred to.
On April 7, 1941, the Wesleys filed suit against the Langs on the $325 note which had not been paid, and attached Mrs. Lang’s interest in the Alpine property. The Langs employed counsel who endeavored to settle this suit and also pressed a claim against Harris, on the ground that the Alpine trust deed and note had been lost to them through his fault. Some investigation of Harris was made by the district attorney and there was some effort made to have his real estate broker’s license revoked. Finally, Mrs. Lang’s counsel arranged a settlement
In the meantime, on August 5, 1941, the. Wesleys deeded the Oceanside property to George Corodemus, taking in exchange certain real property in San Diego owned by the latter. This deed was recorded on September 12, 1941.
Preceding all of these matters and on February 10, 1940, Mrs. Lang had executed and delivered a deed conveying the Oceanside property to one Winterstein. The evidence shows and the court found that this deed was, in fact, a mortgage given to secure a loan. This deed was not recorded at the time but for some reason was recorded on June 26, 1943. That loan was, however, fully repaid and on August 30, 1943, Winter-stein gave a grant deed to the Oceanside property to Mr. Lang, who later deeded to himelf and Mrs. Lang, as joint tenants. These last two deeds were not recorded until after this action was filed. The Corodemuses, being in escrow with a sale of the Oceanside property, discovered, when search of the title was made, that the deed to Winterstein had been recorded on June 26, 1943, and as a result brought this action to quiet their title on September 14,1943.
In this action the Langs and Winterstein were named as defendants. The Langs filed a cross-complaint, adding the Wesleys, the Gross’, Harrison and Harris as cross-defendants. They sought to quiet title in themselves and asked for an
Judgment was entered quieting title to the Oceanside property in the plaintiffs and denying any relief to the Langs on their cross-complaint. From this judgment the Langs have appealed.
The appellants’ main contention is based on the court’s findings to the effect that Harris’ delivery of this deed to the Wesleys was beyond the scope of his authority, and that such purported delivery did not, of itself, effect a valid or legal delivery of that deed. It is argued that in the face of those findings a judgment in favor of the respondents is contrary to law; that title cannot pass where a deed is not delivered by the grantor or someone duly authorized by the grantor; that no valid delivery having taken place it conclusively appears that this deed is void; and that the Wesleys, having obtained no title to this property, could convey none to the respondents. It is then argued that the further findings of ratification, laches and estoppel on the part of the appellants are entirely without evidentiary support; that it clearly appears that the appellants were at all times claiming to be the owners of the Oceanside property and entitled to the immediate possession thereof; that at all times the appellants were asserting that the purported possession of the property by the Wesleys and the Corodemuses was fraudulently obtained and constituted a forcible entry and a forcible unlawful detainer; and that since all parties were brought before the court it was within the power of the court and the duty of the court to restore them all to their original position.
Although there is no evidence of any fraud or unfair dealing on the part of the Wesleys or their successors, the Corodemuses, who knew nothing of the appellants’ private dealings with Harris or the Gross’, and although the appellants at all times knew that the Wesleys had recorded their deed and were claiming title, and although the appellants, through their agent and with full knowledge, received at the beginning and immediately used a part of the consideration paid by the Wesleys, and later received and retained the rest of that consideration, they now contend that all of these things are immaterial, and that the fact, as found by the court,
While the matter is not involved here, since the respondents did not appeal, it is not clear why the court found that the original delivery of this deed was unauthorized. The weight of the evidence would seem to be to the contrary not only because of the acts and conduct of the parties in respects which are otherwise unexplainable, but because of Mrs. Lang’s statements when her deposition was taken. At that time, while being questioned with respect to the delivery of this deed, she was asked: “Q. They were supposed to have it. You
In any event, whether or not the original delivery of this deed to the Wesleys was duly authorized is not a conclusive element in this case. The mere statement of the appellants’ contentions is a sufficient answer to them, and the legal principles are so well established that no citation of authority is called for. Assuming that the original delivery of this deed was unauthorized at the time, there is evidence of the strongest possible nature supporting the other findings which are attacked. There not only appears a complete case of the ratification of the delivery of this deed but an unusually strong case of laches and estoppel. The Corodemuses were innocent purchasers of this property for value and the appellants knowingly created a situation, and permitted it to long remain, upon which these respondents were fully justified in relying. The Wesleys are in a similar position and the appellants have fully settled with their agent Harris, who was originally blamed for their troubles. The essential findings are not only amply supported by the evidence but it is difficult to see how the court could have found the other way.
The judgment is affirmed.
Marks, J., and Griffin, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.