15 Cal. App. 2d 620 | Cal. Ct. App. | 1936
In this action to quiet title to two lots in Ocean Beach the plaintiff claims under a grant deed to herself and one David Conroy as joint tenants, which deed has been lost or destroyed and was never recorded. The defendants claim under another deed from the same grantor to Conroy alone and under Conroy’s will. Prom a judgment in favor of the defendants the plaintiff has appealed.
It appears from the evidence that in December, 1925, one Ilollycross agreed to sell his equity in these lots to Conroy
The appellant thus states the only question raised: “The question involved in the case is: Was the joint tenancy deed delivered?” An important and necessary element in the transfer of real property is the delivery of a conveyance with intent to transfer the title. (Duffy v. Duffy, 71 Cal. App. 251 [235 Pac. 62]; Williams v. Kidd, 170 Cal. 631 [151 Pac. 1, Ann. Cas. 1916E, 703].) The question of delivery is one of fact and the finding of a trial court on such a question, based on conflicting evidence, will not be disturbed on appeal. (Duffy v. Duffy, supra; Donahue v. Sweeney, 171 Cal. 388 [153 Pac. 708].)
The appellant and one other witness testified that after the joint tenancy deed was acknowledged it was handed
The question whether the joint tenancy deed was delivered was one of fact. The intention of the grantor both at the time the instrument was executed and acknowledged and when he handed it to Conroy some ten months later was material and important. The trial court has resolved the question of delivery in favor of the respondents, and the evidence, while conflicting, supports the findings.
The judgment is affirmed.
Jennings, J., concurred.
Marks, J., and Turrentine, J., pro tem., deeming them-, solves disqualified, did not participate herein.