40 Cal. 603 | Cal. | 1871
delivered the opinion of the Court, Temple, J., Wallace, J., and Rhodes, C. J., concurring:
The land in controversy was granted by the Mexican Government to Yallejo, who, in 1847, entered into a written obligation to one Chester Ingersoll, wherein he bound himself to convey -the land on payment of $400. The money was subsequently paid, and, shortly thereafter, Ingersoll died in San Francisco, leaving a widow and several minor children residing there. Thereupon letters of administration on the estate were granted at San Francisco to one Brooks, a brother-in-law of the deceased. At the request of Brooks, Yallejo conveyed the land to Mrs. Ingersoll, the widow of the deceased. This deed recites that in 1847 Yal-lejo had contracted in writing to convey the land to Chester Ingersoll on the payment of $408, which was paid in Feb-rurary, 1848, by said Ingersoll; and having been assured that Ingersoll had purchased the land for the separate use of his wife, and the administrator having desired “ me to convey lands to him,” he therefore makes the conveyance to Mrs. Ingersoll. Four days thereafter Mrs. Ingersoll conveyed the land to one Slusser for $2,500, receipting in the deed that it was the same land “which was bargained by Salvador Yallejo to the late Chester Ingersoll, on the 20th day of December, 1847, and for which the said Chester In-gersoll paid on the 10th day of January, a. d. 1848, and for which a title was executed by said Salvador Yallejo to the said party of the first part on the 22d day of this present month, by the consent of A. B. Brooks, administrator of the estate of said Chester Ingersoll, upon proof that
In 1850, Slusser conveyed the land to the defendant for the sum of $5,000, and the defendant immediately entered into possession, and has ever since occupied it, claiming title under this deed. The plaintiffs are the children and devisees of said Chester Ingersoll, deceased; and the action is brought for the purpose of having the defendant adjudged to be a trustee, holding the legal title for their use, on the ground that the purchase from Vallejo was made by Chester Ingersoll for his own use and with his own money, and that Mrs. Ingersoll, Slusser and the defendant all took the title with notice of the plaintiffs5 equities.
The answer denies that the purchase was made by Inger-soll for his own use, or with his own money, but avers that it was made for the use of his wife, and was paid for with her separate funds. It also denies that Slusser, or the defendant, had any notice, actual or constructive, of the equities set up in the complaint. At the trial, special issues were submitted to a jury, and all the material positions of these issues were found for the defendant. The plaintiffs moved for a new trial, which was denied, and they have appealed from the order denying it. The errors assigned are: First — That the Court misdirected the jury, to the prejudice of the plaintiffs; Second — That incompetent evidence was admitted, against the objection of the plaintiffs. Third — That the verdict should have been set aside because of the misconduct of the jury; and, Foivrth — That the verdict is not supported by the evidence.
It appears at the trial that the written obligation from Vallejo to Ingersoll has been lost, and could not therefore, be produced; and the Court charged the jury that the recitals in the deed from Vallejo to Mrs. Ingersoll, and from the latter to Slusser, conclusively established the fact that Chester Ingersoll, and not his wife, was the beneficiary in the purchase from Vallejo, unless it was shown by the testimony, either that the purchase money paid to Vallejo was the separate estate of the wife, or that the written obli
Nor is the point as to the estoppel tenable,- for several reasons. Whilst the grantee in a deed will not be permitted by parol to contradict, vary or enlarge the operative words of a conveyance so as to defeat, change or modify the estate granted, he may, nevertheless, disprove collateral facts recited in the instrument, which are not essential to validity as a conveyance of the estate granted. He may do so,for the reason that the existence or non-existence of these facts does not impair the legal effect of the instrument. The title passes, whether the collateral fact exists or not. In Rhine v. Ellen (36 Cal. 382), we had occasion to consider carefully to whatextent the parties to a conveyance are estopped to deny collateral and immaterial facts recited therein, and I see no reason to doubt the correctness of the proposition announced in that case, to wit: that the estoppel does not extend to a recital
In Peck v. Brumagim (31 Cal. 440), it was decided that if a deed to tbe wife recite a valuable consideration wbicb is
Tbe verdict is also assailed on tbe ground of tbe misconduct of tbe jury. It appears tbat, on tbe adjournment of tbe Court for tbe day, tbe jury were informed by tbe Court tbat if they agreed upon a verdict during tbe recess they might seal it up and return it at tbe opening of tbe Court on tbe following day; tbat tbe verdict was agreed upon and sealed up; and on tbe following day, before tbe opening of tbe Court, one of tbe jurors informed tbe counsel of defendant what tbe verdict was. There is no proof of any fraudulent or improper motive in tbe juror or tbe counsel, or any reason to infer tbat tbe plaintiffs were in any respect injured by tbe disclosure. Tbe verdict bad already been sealed up, and was delivered, as previously agreed upon. Tbe conduct of tbe juror was certainly reprehensible, and if there bad been tbe least reason to infer tbat any damage to tbe plaintiffs bad resulted from tbe premature disclosure
The declarations of Chester Ingersoll were clearly competent evidence against the plaintiffs, his devisees, claiming title under him; and the only declarations of Mrs. Ingersoll, put in evidence by the defendant, were portions of a conversation between herself and her husband and the witness Grigsby, when all three were present. Her declarations, made in the presence of her husband, and not denied by him, were competent evidence.
I discovered no error in the admission of any evidence offered by the defendant. Nor can we disturb the verdict on the ground that it is not supported by the evidence, in which there was a substantial conflict on all the material .issues.
Order denying the motion for a new trial affirmed.