Podd v. Anderson

215 Cal. App. 2d 660, 30 Cal. Rptr. 345, 1963 Cal. App. LEXIS 2545
CourtCalifornia Court of Appeal
DecidedMay 2, 1963
DocketCiv. No. 10500
StatusPublished
Cited by2 cases

This text of 215 Cal. App. 2d 660 (Podd v. Anderson) 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
Podd v. Anderson, 215 Cal. App. 2d 660, 30 Cal. Rptr. 345, 1963 Cal. App. LEXIS 2545 (Cal. Ct. App. 1963).

Opinion

SCHOTTKY, J.

Rowena Anderson appeals from a judgment quieting title to certain real property located in Yolo County in Alice Snavely.

The property was originally owned by Charles Taylor Bid-well and distributed in his estate to his wife, Florence Swain Bidwell, the mother of respondent Alice Snavely and the grandmother of appellant Rowena Anderson. The property involved is located in the northwest quarter of section 22, township 9 north, range 1 west, Mount Diablo base and meridian, but in the probate proceedings of the estate of Charles Taylor Bidwell it was erroneously described as the southwest quarter of section 22.

[662]*662In 1933 Florence Swain Bidwell conveyed approximately 40 acres in the northwest part of the northwest quarter of section 22 to George and Cora Rockwell.

Thereafter, in 1933 Florence Swain Bidwell executed a deed in which her daughter Alice Suavely was the grantee. This deed described the property as follows:

“The Southwest Quarter (SWt4) of Section Twenty-Two (22), Township Nine (9) North, Range One (1) West, M. D. B. & M.” There was excepted therefrom that portion of the quarter section which was conveyed to George W. Rockwell and Cora B. Rockwell by deed dated February 23, 1933, and recorded February 24, 1933, in book 46 of official records, at page 162. The exception was described in the deed as follows:
“Beginning at a point in the north line of Section 22 in Township 9 North, Range 1 West, M. D. B. & M., and situate N 89° 37' W, 1516.65 feet from the %-eorner common to Sections 15 and 22 in said first mentioned Township and Range, and extending thence N 89° 37' W, along the north line of said Section 22 a distance of 1085.85 feet to the point of intersection with the east line of the right of way of the Southern Pacific Railroad Company; thence S 0° 11' B down and along said east line of said right of way a distance of 1604.96 feet to a point marking the center line of a ditch; thence S 89° 39' 12" B. along said center line of said ditch a distance of 1085.85 feet to a point marked by a %-ineh square iron bar; thence N 0° 11' W. along a line parallel with the east line of aforementioned Railroad right of way a distance of 1604.31 feet to the point of beginning and including 40 acres of land. ’'

The error occurred because the attorney who drew the deed and who acknowledged Mrs. Bidwell’s signature used as his guide the decree of distribution in the estate of Charles Taylor Bidwell in which the error was set forth. This deed was recorded in 1934 at the request of Mrs. Bidwell.

Alice Suavely went into possession of the land after the death of her mother in 1936. The property was taxed as part of her mother’s estate. The property was assessed to her after the deed was recorded and she paid all the taxes after 1935. She has rented the property as farm land and collected all the rents from the land. She executed an oil and gas lease in 1946 and again in 1959. Her guardian ad 'litem; &er daughter Marguerite Podd? in response to a question of [663]*663the court testified that she claimed the property against the whole world.

The trial court found: “That the deed executed by Florence Swain Bidwell to Alice Snavely, plaintiff above-named, dated November 3, 1933, and recorded September 18, 1934, in Book 69, page 189, Official Records of Yolo County was intended to convey to said plaintiff Alice R. Snavely all of the real property owned by said Florence Swain Bidwell in Section 22, T. 9 N., R. 1 W., M.D.B.&M., being the real property hereinafter described. That the word ‘Southwest’ as used in the description in said deed was a false particular, which does not frustrate said conveyance. That the said deed from said Florence Swain Bidwell to said plaintiff Alice R. Snavely as aforesaid transferred a good and valid title in fee simple to said Alice R. Snavely, of the real property hereinafter described. That at all times since the recordation of said deed as aforesaid the said plaintiff Alice R. Snavely has been the owner of said real property hereinafter described, in fee simple.

“That at all times since the recordation of the said deed, recorded as aforesaid, the said plaintiff Alice R. Snavely has been in the actual possession of said property, and every part thereof, continuously, adversely to the title of all others, and under a claim of title exclusive of any other right, as her own, and notoriously and uninterruptedly possessed and used said property and every part thereof at all times since said recordation of said deed, as aforesaid, and that said plaintiff has paid all taxes or assessments levied or assessed against said property, and every part thereof, since the recordation of said deed as aforesaid. That plaintiff is not, and at no time has been, a tenant in common with David Bancroft Bidwell or with Mabel Beilby or with Rowena Anderson, or with any of said persons.

‘ ‘ That said Alice R. Snavely had capacity to commence said action and that Marguerite Podd was appointed guardian ad litem for said Alice R. Snavely on June 8, 1961, and that said Marguerite Podd at all times thereafter was the duly appointed, qualified and acting guardian ad litem of said Alice R. Snavely, and that said Alice R. Snavely acting through her said guardian ad litem at all times had capacity to maintain said action.”

The court quieted title in Alice Snavely and this appeal followed. Alice Snavely died while this appeal was pending and her daughter, Marguerite Podd, has been substituted in [664]*664her place individually and alternatively as executrix of her mother’s estate.

Appellant’s first contention is that there was no evidence of delivery of the deed during the lifetime of Mrs. Bidwell and that the evidence shows that the property was in fact used by Mrs. Bidwell during her lifetime. Delivery is, of course, a question of fact, The deed was found after Mrs. Bidwell’s death by Mrs. Podd in Mrs. Snavely’s safe deposit box. It was never established when Mrs. Snavely obtained possession of the deed. The rule is that possession of a duly executed deed by a grantee raises a presumption that the deed was delivered to the grantee. (See Estate of Slack, 13 Cal.2d 721 [91 P.2d 1052]; 3 American Law of Property, Deeds, p. 314; DuBois v. Larke, 175 Cal.App.2d 737 [346 P.2d 830]; Butler v. Woodburn, 19 Cal.2d 420 [122 P.2d 17].) This presumption, of course, is disputable, but the burden is on the one who seeks to overturn it. (DuBois v. Larke, supra.) While the fact that Florence Swain Bidwell received the rents is inconsistent with delivery during her lifetime, this is not determinative. The test is whether the grantor intended to make a present transfer, and if such was his intention the title of the property thereby passed to the grantee. As stated in Ogg v. Gunderson, 74 Cal.App.2d 384, 387 [168 P.2d 793]:

“The validity of a properly executed deed of conveyance is determined by its delivery with the concomitant intention of the grantor to transfer the property described therein to the grantee.

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Bluebook (online)
215 Cal. App. 2d 660, 30 Cal. Rptr. 345, 1963 Cal. App. LEXIS 2545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/podd-v-anderson-calctapp-1963.