9 P.2d 817 | Cal. | 1932
Defendant was the owner of lot 1, block A, of Spence Falvey's subdivision, city of Monrovia. March 1, 1926, the plaintiff purchased from defendant by grant deed the east 92 feet of said lot. Lot 1 has a frontage of *264 150 feet on White Oak Avenue, which bounds it on the north. It is bounded on the east by Myrtle Avenue. At the time of the conveyance to the plaintiff there were pending condemnation proceedings by the city of Monrovia by which the city sought to widen White Oak Avenue, and to do so sought to condemn a strip 16 feet in width off of the entire north frontage of said lot 1. These proceedings went to judgment long subsequent to the execution and delivery of said deed, and the defendant received as damages and compensation for this strip of land 16 feet wide and 150 feet in length the sum of $6,400. Plaintiff claimed that it was entitled to 92/150ths of this amount, and brought this action to recover the same. The defendant contended that at the time of the sale to plaintiff, plaintiff was aware of the pendency of the condemnation proceedings and agreed that all the money to be received by the defendant as damages for the taking of said 16-foot strip of land should belong to the defendant and that the price finally paid for said land by the plaintiffs was fixed in accordance with the understanding that all of the condemnation money was to be paid to and belong to the defendant. On the trial the court admitted parol evidence to prove this agreement between the parties. The court found in pursuance of this oral agreement and rendered judgment in favor of the defendant. The sole point raised on this appeal is directed to the admissibility of the evidence in proof of said parol agreement. Plaintiff contends that as it acquired the entire east 92 feet of said lot 1, which included said 16-foot strip by a grant deed from the defendant the effect of the admission of this evidence would be to vary the terms of said grant deed by parol evidence.
This case was originally appealed to the District Court of Appeal and that court affirmed the judgment on the authority ofRussakov v. McCarthy Co.,
In the present action the deed to the land involved is free from any exception or any other provision rendering the same uncertain or ambiguous or requiring the admission of parol evidence to explain it. To this extent it differs materially from the conveyances considered in the case of Russakov v. McCarthyCo., supra. It is true that there is language used in that case which would appear to justify respondent's contention that evidence is admissible to establish a parol agreement as to the person entitled to share in the money awarded in the condemnation proceeding, but this language was unnecessary for the decision of the real question presented in that case. As the court construed the deeds and contracts in said action there was no reservation by the grantor or vendor of the money to become due in the condemnation proceeding. This money, therefore, would go to the grantees and vendees of the McCarthy Company, unless there was some agreement between the parties for a different disposition thereof. It was unnecessary, therefore, *266 for the grantees and vendees of the McCarthy Company to resort to parol evidence to establish their right to said money inasmuch as the conveyances under which they held their lands were silent in respect thereto. We do not consider, therefore, that upon the facts of that case, it can be considered as an authority in support of the ruling of the trial court herein admitting parol evidence to prove an agreement between the parties that the money awarded in the condemnation proceedings was to belong to the defendant.
[1] In condemnation proceedings the title to the property condemned does not vest in the public until payment has been made as required by the verdict of the jury or judgment of the court and a copy of the final order of condemnation has been filed for record in the office of the county recorder of the county in which the condemned property is situated. (Code Civ. Proc., sec. 1253.)
[2] The universal rule appears to be that where property is purchased which is subject to pending condemnation proceedings and the deed conveying said property is silent as to the award money to be paid in the proceedings, said money belongs to and is payable to the purchaser. (Obst v. Covell,
The other cases cited above contain similar language as that found in Winchester v. Winchester, supra, and just quoted. *268
Outside of this state we find authorities to the same effect. Among these is the case of Bailey et al. v. Briant,
These authorities are sufficient in our opinion to establish without any doubt that the trial court erred in admitting evidence of the verbal agreement of the parties that the award money should be paid to the defendant. By reason of this error the judgment is reversed.
Langdon, J., Preston, J., Seawell, J., Shenk, J., and Waste, C.J., concurred.
Rehearing denied.