Clay v. Saute

This is an action to quiet title to 40 acres of land. The plaintiff and the individual defendants are the children of Charles C. Teague, now deceased. His son, as administrator of his estate, was also named as a defendant. The complaint, which is in the usual form, was filed on November 12, 1954. Marie Teague Saute, who was a half sister of the other parties, filed an answer alleging that she is and for a long time has been the owner and in possession of this land, denying that any of the other defendants have any interest therein, and praying that title to the land be quieted in her. Gloria Dale and Charles B. Teague, individually and as administrator, filed a separate answer alleging that the deceased was the equitable and beneficial owner of this land, and praying that title be quieted in Charles B. Teague as administrator of the estate of the father.

On April 1, 1942, Charles C. Teague conveyed this land to the plaintiff by a deed from Marie Teague Saute, which he signed as her attorney in fact. On April 3, at the hospital where Mr. Teague had gone for an operation, he told the plaintiff to be sure to go to a title company before she went home and pick up a deed that a Mr. Patterson had for her. He also explained it to her and told her he wanted her to have the property so that her son would eventually benefit from it. Mr. Teague was operated on the next morning, April 4, 1942, and died that night. The plaintiff went to see Mr. Patterson immediately after the funeral and at her request he recorded the deed, which was then mailed to the plaintiff. A week or two later Charles B. Teague asked her to deed the property to him, which she refused to do. He made similar demands at several times in later years, which were refused. He was appointed administrator of the father’s estate in 1951, but nothing was done by any of the defendants to further assert a claim to this property until after this action was brought by the plaintiff.

There was also evidence that on October 26, 1927, Charles C. Teague was declared incompetent and incapable of managing his property, and that he was restored to capacity on January 24, 1929. There was also evidence that a judgment was entered in the Superior Court of Fresno County on February 27, 1940, decreeing that Marie Teague Saute was the owner of this land. In this connection, it appears that two attorneys had sued Mr. Teague for attorneys’ fees and had attached 80 acres of land, which included the land here in question. In that action Mr. Teague filed an answer alleging that Marie Teague Saute was the owner in fee of the property. Before Mr. Teague was called on to testify in the action the matter was compromised, and a stipulated judgment was

The court found in all respects in favor of the plaintiff finding, among other things, that on April 1, 1942, and prior thereto, Charles C. Teague was the equitable and beneficial owner and in possession of the land in question; that the bare legal title to said land was in the name of Marie Teague Saute; that aside from the holding of said bare legal title Marie had no right, title, interest or claim in or to said property; that at said time and prior thereto she well knew that she had no right, title or interest in or to said property, except for holding the bare legal title for the use and benefit of her father; that on April 1, 1942, Charles C. Teague was the attorney in fact of Marie Teague Saute and was empowered and' authorized by her to execute and deliver a valid deed conveying said property ; that on that day Marie Teague Saute by said Charles C. Teague, her attorney in fact, executed and delivered to the plaintiff a grant deed conveying title to said property to the plaintiff; and that since said date the plaintiff has been and now is the owner of and entitled to the possession of said real property. It was also found that for more than five years last past the plaintiff has been and now is in the open, notorious, exclusive and adverse possession of this real property under claim of right and by virtue of said deed, and that for more than five years last past the plaintiff has paid all taxes levied or assessed on said property. Judgment was entered quieting title to this property in the plaintiff, from

This is an equity case and there is very strong evidence that Charles C. Teague was the equitable and beneficial owner of this land at the time he conveyed it to this respondent, and for many years prior thereto. There was no evidence tending to show that the appellant had any beneficial interest in the land or equitable right thereto, with the possible exception of the statement made by Mr. Teague in his answer in the 1940 suit for attorneys’ fees, to the effect that this appellant was the owner in fee of the property. The appellant now contends that the judgment entered in that action is conclusive of her ownership under the doctrine of res judicata. That judgment was entered by stipulation as a result of a compromise between the parties to that action which, in effect, left the 40' acres here in question in the same situation as it was before the action was filed. None of the parties to the present action was a party to that action. Nothing in that proceeding is important here except as an admission against interest on the part of Mr. Teague, and that admission is not conclusive as to the rights of the parties involved in the present action. The most that can be said is that it presents some conflict in the evidence. It clearly appears that the purpose and intent of the judgment was to settle the controversy between the parties, and to leave the title to this 40 acres where it was before that action was commenced.

It is next contended that Mr. Teague had no authority to execute the deed to the respondent on April 1, 1942, and that this conveyance is void. It is argued that under section 2355 of the Civil Code an agency is terminated by the incapacity of the agent to act as such; that the fact that Mr. Teague was declared incompetent in 1927 terminated the agency created by the power of attorney rather than merely suspending it; that in any event a general power of attorney does not authorize the agent to act for the benefit of himself or a third person; and that since this deed purported to be a gift of real property it was an unauthorized act of the agent.

While one of the ways in which an agency may be terminated under section 2355 of the Civil Code is because of the incapacity of the agent to act as such, this may reasonably be construed as referring to the incapacity of the agent at the time he performs the questioned act. It cannot fairly be construed as automatically terminating the effect of a

Finally, appellant contends that the evidence is not sufficient to support the findings with respect to adverse possession. It is admitted that the appellant paid taxes on the property for the 5-year period and that she claimed under color of title through her deed. It is argued, however, that the evidence is not sufficient to show actual possession, open and notorious, for five years. Appellant relies on Lofstad v. Murasky, 152 Cal. 64 [ 91 P. 1008 ] and Klein v. Caswell, 88 Cal.App.2d 774 [ 199 P.2d 689 ], The first of these cases had reference to the “actual” possession required under the special provisions of the McEnerney Act, as distinguished from the mere constructive possession which follows from the legal title. In the

The evidence here disclosed that this 40-acre tract was situated in what was commonly known as the west side of Fresno County. It was uninclosed and had no water on it. It could not be used for farming without water. While there may have been some pasturage in the spring in some years it was common knowledge that such a small tract could not be leased for pasturage except in connection with a larger tract. There was evidence that the plaintiff leased it in September, 1953, for five years at $5.00 an acre to a man who was then carrying on large cotton farming operations in that vicinity. In her closing brief the appellant contends that there is evidence that the respondent had an opportunity to lease the land in an earlier year. The respondent testified that she could not remember when this was, and explained her refusal to lease it at that time by some statement concerning a road and ditch that the proposed renter wanted on the property. The facts were not sufficiently brought out to disclose whether or not there was a fair opportunity to lease it at that time. The respondent testified that she visited the property on an average of once a year, and there is no question that she openly claimed ownership at all times after 1942, and opposed all attempts made by her brother to claim an interest therein. The question was one of fact for the trial court, and the evidence sustains the conclusion that the respondent had made such use of the property as she could, considering the use for which it was adapted and the manner in which such property was commonly used at the time. The evidence was sufficient, under the principles relied on in the case of Posey v. Bay Point Realty Co., 214 Cal. 708 [ 7 P.2d 1020 ]. The language there used is appropriate here:

“If but slight use can be made of land claimed adversely, then the requirements of continuous and uninterrupted occupancy are satisfied, if such slight use as can be made is made thereof. This is the plain meaning of the clause ‘for the ordinary use of the occupant, ’ it means a use appropriate to the location and character of the property, each ease resting upon its own peculiar facts.”

A further consideration, insofar as this appellant is concerned, is that a party to a quiet title action must rely on the strength of his own title and not on any weakness in that of his adversary. No evidence was introduced or offered

The judgment is affirmed.

Griffin, J., and Mussell, J., concurred.