Blevins v. Palmer

342 P.2d 356, 172 Cal. App. 2d 324, 1959 Cal. App. LEXIS 1957
CourtCalifornia Court of Appeal
DecidedJuly 27, 1959
DocketCiv. 18436
StatusPublished
Cited by3 cases

This text of 342 P.2d 356 (Blevins v. Palmer) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blevins v. Palmer, 342 P.2d 356, 172 Cal. App. 2d 324, 1959 Cal. App. LEXIS 1957 (Cal. Ct. App. 1959).

Opinions

DOOLING, J.

Plaintiff and respondent Rosalind M. Blevins'is the widow of A. R. Blevins who died on April 9, 1956, and appellant Mary J. Palmer is the mother of said A. R. Blevins. On May 5, 1947, by deed from one Hazel A. Harris to A. R. Blevins and Rosalind M. Blevins, his wife, and to Mary J. Palmer an undivided one-half interest in the subject real property was conveyed to the Blevins, husband and wife, as joint tenants, and the other undivided one-half was conveyed to Mary J. Palmer.

On January 14, 1948, the Blevins, husband and wife, and Mary J. Palmer as grantors, “the parties of the first part,” executed a deed of this property to A. R. Blevins and Mary J. Palmer, “as joint tenants the parties of the second part.”

After the death of A. R. Blevins, Mary J. Palmer by her sole deed conveyed this property to Donald and Elizabeth Partridge and took a note secured by deed of trust from the Partridges to secure the payment of the purchase price.

Respondent Rosalind M. Blevins filed this action in three counts both individually and as executrix of her deceased husband’s estate. Count 1 alleges that the property was owned by the decedent and Mary J. Palmer as tenants in common; count 2 alleges the expenditure of community funds in payment for and improvement of the property and asserts a community interest in said property by reason thereof; and count 3 alleges that the conveyances to Mary J. Palmer were made as security for advances which have been repaid.

The trial court concluded that the deed of January 14, 1948, was ineffective to create a joint tenancy and that it in fact created a tenancy in common in the property conveyed to the grantees A. R. Blevins and Mary J. Palmer and entered judgment in favor of respondent as executrix for one-half the payments already received by appellant, Mary J. Palmer, from the sale of said property to the Partridges and decreeing [326]*326the right of the estate to a one-half interest in the purchase note and deed of trust given by the Partridges to appellant. The court reserved, as unnecessary to the decision, the question of the asserted community property rights.

The trial court’s conclusion that the deed of January 14, 1948, did not create a joint tenancy in the grantees was based upon the trial court’s construction of section 683 of the Civil Code which then provided (Stats. 1935, p. 912):

“A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common to themselves, or to themselves and others, or from a husband and wife when holding title as community property or otherwise to themselves or to themselves and others when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. A joint tenancy in personal property may be created by a written transfer, instrument or agreement. Provisions of this section shall not restrict the creation of a joint tenancy in a bank deposit as provided for in the Bank Act.”

The court construed the words of this section: “to themselves, or to themselves and others,” strictly as words of limitation upon the power of grantors in such a transfer, giving the word “themselves” a meaning equivalent to “all of themselves” in the ease of transfers by tenants in common and to “both of themselves” in the case of transfers by husband and wife. Under this construction of the section as it then read while a joint tenancy could be created by a deed from tenants in common to all of such tenants in common or to all of such tenants in common and another or others, a joint tenancy could not be created by such a deed to less than all of such tenants in common or to less than all of such tenants in common and another or others. Similarly in the case of grants by husband and wife a joint tenancy could be created by transfer to both husband and wife or to both husband and wife and another or others, but could not be created by a transfer to either husband or to wife and another or others.

In determining whether the construction which leads to this rather peculiar result is the proper construction and the one intended by the Legislature our first touchstone is found in section 4 of the Civil Code itself, which provides:

[327]*327“The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.”

It is suggested by respondent that while in general the rule of liberal construction enjoined by this code section must be followed in construing the sections of the Civil Code, a statute providing a mode of divesting title to property must be strictly construed and followed. No good reason is suggested why sections of the Civil Code dealing with transfers of real property should be excluded from the general provisions of section 4, which in terms applies to every section of that code without exception, and it was expressly held in Tennant v. John Tennant Memorial Home, 167 Cal. 570, 573 [140 P. 242] that the provisions of the Civil Code dealing with transfers of real property are, as required by section 4, to be “liberally construed with a view to effect its object[s].”

As an aid to a liberal construction of Civil Code, section 683 “to effect its objects” we are entitled to look to the history of the legislation and the purpose sought to be achieved by the amendment of the section in 1935 which added the provisions which we are called upon to construe. (45 Cal.Jur.2d, Statutes, § 129, pp. 636-637.)

Historically joint tenancies were said to require four unities: time, title, interest and possession. (13 Cal.Jur.2d, Cotenancy, § 8, p. 295.) Because a grant from one to himself and another was held to lack the unities of time and title many courts held that a joint tenancy could not be created by such a grant, although the courts in an increasing number of jurisdictions rejected the restraint of this archaic notion and held that a joint tenancj’- could be created in this fashion. (14 Am.Jur., Cotenancy, § 11, p. 83; notes in 62 A.L.R. 514; 137 A.L.R. 348; 166 A.L.R. 1026; 44 A.L.R.2d 595.) To avoid the possibility of the application of the archaic rule (although no California case applying it has been called to our attention) careful lawyers and the even more cautious title insurance companies insisted, in every case where a grantor wished to create a joint tenancy in which such grantor would be one of the joint tenants, on a transfer to a dummy who in turn would convey to the intended joint tenants. (13 Cal.Jur.2d, Cotenancy, § 31, pp. 297-298.) The obvious and self-evident [328]*328purpose of the Legislature in amending section 683 was to do away with this senseless procedure which required two deeds to accomplish the purpose of one.

The evil sought to be corrected was the supposed necessity, where a grantor would also appear as grantee in a deed creating a joint tenancy, of having the title transferred through a dummy or intermediary—circuitously by two deeds rather than directly by one. The rule sought to be avoided imposed a restraint on grantees not on grantors.

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Related

Gonzales v. Gonzales
267 Cal. App. 2d 428 (California Court of Appeal, 1968)
Lesem v. Board of Retirement
183 Cal. App. 2d 289 (California Court of Appeal, 1960)
Blevins v. Palmer
342 P.2d 356 (California Court of Appeal, 1959)

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Bluebook (online)
342 P.2d 356, 172 Cal. App. 2d 324, 1959 Cal. App. LEXIS 1957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blevins-v-palmer-calctapp-1959.