McCarthy v. Security Trust Etc. Bank

Full title: CATHARINE McCARTHY, Respondent, v. SECURITY TRUST AND SAVINGS BANK (a…

Court: Supreme Court of California

L. A. No. 6473.

Date published: Feb 17, 1922

Fact:

The plaintiff brought an action to quiet title in real estate located in Los Angeles. The plaintiff claimed ownership based on a deed that was prepared and executed, but subsequently lost. The plaintiff’s sister, who was the grantor of the deed, died without anyone else knowing about the existence of the deed.

Issue:

The main issue is whether the circumstances surrounding the alleged conveyance of the property from the grantor to the plaintiff are sufficient to establish a valid transfer of title.

Decision:

The trial court found in favor of the plaintiff, holding that there was a sufficient delivery of the deed to pass title to the plaintiff. Despite the unusual circumstances and lack of primary evidence, the trial court found the plaintiff’s testimony credible and sufficient to establish the conveyance of the property. The court determined that the grantor’s intent to convey the property to the plaintiff could be inferred from the evidence presented, including the grantor’s request for the plaintiff to take care of the deed until her death and then record it. The court also noted that the plaintiff had exclusive custody and control of the deed after it was handed to her. Therefore, the trial court’s judgment quieting title in favor of the plaintiff was affirmed.

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