25 Cal.App.2d 381, 6002, Sepulveda v. Apablasa

Docket Nº:6002
Citation:25 Cal.App.2d 381, 77 P.2d 526
Party Name:Sepulveda v. Apablasa
Case Date:March 16, 1938
Court:California Court of Appeals
 
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Page 381

25 Cal.App.2d 381

77 P.2d 526

ILDEFONSO A. SEPULVEDA, as Administrator, etc., Respondent,

v.

JOHN V. APABLASA et al., Defendants

O. J. SALISBURY et al., Appellants.

Civ. No. 6002.

California Court of Appeal, Third District

March 16, 1938

Page 382

COUNSEL

Frank S. Hemminger, W. W. Middlecoff, C. W. Braswell and Homer Boardman for Appellants. Brooks Gifford and T. W. Ward, as Amici Curiae, on Behalf of Appellants. Charles W. Partridge for Respondent

OPINION

Thompson, J.

This is an appeal from a judgment in a suit for declaratory relief under section 1060 of the Code of Civil Procedure to construe an instrument dated July 2, 1929, executed between Concepcion Apablasa de Sepulveda and Ildefonso A. Sepulveda, her husband, as parties of the first part, and the surviving children of Concepcion by her first husband, as second parties. The instrument was executed to settle a controversy existing between the parties thereto with relation to the titles to six parcels of land in Los Angeles County, which were then involved in a suit pending in the superior court of that county. It purports to "grant" to each of the second parties an undivided one-twelfth interest in each of said parcels of land, and to authorize

Page 383

a sale of the land at stipulated prices with an agreement to divide the proceeds of such sales in the proportions mentioned. Some of the grantees subsequently conveyed their interests.

Certain defendants, sued under fictitious names, became parties to this suit. Florence H. Morgan filed an answer claiming a judgment lien on the interest in said property belonging to John V. Apablasa, also known as John C. Apablasa. O. J. Salisbury, Donald H. Fry and Emmett D. Browne, as trustee, jointly filed an answer in this suit, claiming interests in designated portions of the property by virtue of assignments thereof. Francis J. Conley, Eugene Anthony Conley and Delia Apablasa, also jointly filed a separate answer in this suit, claiming interests in the property under a subsequent agreement executed May 4, 1929, by Cayetano J. Apablasa, one of the second parties to the agreement under construction herein.

August 9, 1931, Concepcion A. de Sepulveda died, intestate, in Los Angeles, and her husband, Ildefonso A. Sepulveda was appointed administrator of her estate. A controversy arose over the respective interests of her heirs in the six parcels of land described in the instrument executed July 2, 1929. This suit was commenced January 6, 1934. After trial the court adopted findings on the issues presented. The judgment determines that the instrument dated July 2, 1929, constituted a conveyance from Concepcion Apablasa de Sepulveda and her husband of an undivided one-twelfth interest in parcels one, two, three and six of the real property described in the findings to each of the following named parties thereto, to wit: Maria Apablasa Conley, Concepcion Apablasa Finlay, Laura Apablasa Thesing, Candelaria Apablasa Bernstein, Cayetano J. Apablasa and Charles C. Apablasa, and that they are the owners of those respective interests; that the instrument in question conveyed to Concepcion Apablasa de Sepulveda and her husband, Ildefonso A. Sepulveda, the remaining undivided one-half interest in parcels one, two, three and six of said property, together with the entire interest in parcels 2A, 4 and 5 thereof, and that the said husband and wife were the owners of the last-mentioned interests; that Concepcion A. de Sepulveda died seized of the shares in said property last mentioned and that her heirs inherited from her estate by right of representation the following

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shares in her said property, to wit: An undivided one-third interest to her surviving husband, Ildefonso A. Sepulveda; an undivided two twenty-first interest each to her sons and daughters, John V. Apablasa, Maria Apablasa Conley, Laura Apablasa Thesing, Candelaria Apablasa Bernstein, Concepcion Apablasa Finlay, Cayetano J...

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