27 P.2d 932 | Cal. Ct. App. | 1933
Plaintiff brought this action against the administrator of the estate of her deceased husband, seeking the cancellation of a deed. At the close of plaintiff's case defendant made a motion for nonsuit, which motion was granted and judgment was entered in favor of defendant. Plaintiff appeals from said judgment.
Plaintiff and deceased were married in 1923. In November, 1924, the parties entered into an arrangement whereby plaintiff conveyed to the deceased an undivided one-half interest in a piece of real property located in Los Angeles and the deceased conveyed to plaintiff an undivided one-half interest in a piece of real property located in Kings County. Thereafter these pieces of real property stood in the names of plaintiff and deceased as tenants in common. Deceased died in October, 1928, and defendant was appointed as administrator of the estate in November, 1928. This action to cancel the conveyance made by plaintiff to the deceased in 1924 was not commenced until June, 1931.
In her complaint plaintiff alleged in effect that deceased had obtained said conveyance by fraud, duress and undue influence. She further alleged, "That plaintiff first discovered the falsities and tricks and deceptions which the *686 decedent played upon her in the matters and things above set out a short time after decedent's death in October, 1928." Defendant answered denying practically all of the material allegations of the complaint. Defendant further alleged that plaintiff's alleged cause of action was barred by laches and the statute of limitations. At the trial plaintiff testified that deceased forced her to sign the deed and further testified that she first learned of the falsity of certain alleged representations in October, 1928.
[1] We find no error in the trial court's ruling. Respondent urges several grounds in support thereof, but we deem it unnecessary to discuss all of them. Appellant's cause of action for cancellation of the deed was essentially one for rescission. Assuming without deciding that her allegations of discovery within three years prior to the commencement of the action were sufficient to prevent the running of the statute of limitations (see Consolidated Reservoir Power Co. v. Bowen,
[2] Appellant contends that "the defense of laches is not sufficient, no prejudice having been shown by the defendant". Authorities are cited by appellant showing the conditions under which laches may be urged as a defense barring the remedy in equitable actions generally. (See 10 Cal. Jur. 530 and cases cited.) While there is some general language in the decisions which apparently lends support to appellant's contention, we believe that the requirement *687
of prejudice resulting from delay should be confined to those cases in which delay merely affects the remedy and not the right. In cases involving rescission, failure to act promptly affects the right. Section
The judgment is affirmed.
Nourse, P.J., and Sturtevant, J., concurred.