McGuire v. Crockett, 15236.

• Decision Date: 21 August 1944
• Docket Number: 15236.
• Citation: 112 Colo. 552,151 P.2d 326
• Parties: McGUIRE et al. v. CROCKETT.
• Court: Colorado Supreme Court

151 P.2d 326

112 Colo. 552

McGUIRE et al. v. CROCKETT.

No. 15236.

Supreme Court of Colorado

August 21, 1944

In Department.

Error to District Court, City and County of Denver; Henry A. Hicks Judge.

Action by Rosa Crockett against Alberta McGuire and Albert J McGuire to recover amount held in a joint savings account and to have canceled a deed which plaintiff had allegedly given to defendant Alberta McGuire. To review a judgment in favor of the plaintiff, the defendants bring error.

Affirmed.

Bryan L. Whitehead, of Denver, for plaintiffs in error.

Edward L. Wood and Arthur A. Brooks, Jr., both of Denver, for defendant in error.

BAKKE Justice.

Rosa Crockett, defendant in error, brought this action below against her daughter, Alberta McGuire, and her former husband, Albert G. McGuire, plaintiffs in error, defendants below, to recover $1,547.60 held in a joint savings account and to have cancelled and set aside a deed, which she, Mrs Crockett, had allegedly given to said daughter. The trial court, sitting without a jury, decided in favor of Mrs. Crockett, and the plaintiffs in error seek reversal on application for supersedeas. Parties will be referred to as below.

As already noted, Mrs. Crockett was formerly the wife of Albert J. McGuire, and Alberta was an adult daughter of said marriage. The McGuires were divorced October 29, 1938. Alberta continued to make her home with her mother at 2016 South Franklin street in Denver from that date until January 13, 1942, when she left to live with her father. Plaintiff had furnished most of the funds with which the Franklin street property had been purchased. Several months prior to the issuance of the final decree in the divorce action, plaintiff deposited $1,514.98 in the savings department of the International Trust Company, which amount she had received as the sole beneficiary of a life insurance contract on the life of her deceased daughter Myra. March 7, 1941, plaintiff married one James Crockett and thereafter she and Crockett and Alberta made their home together in apparent harmony, Alberta assisting her mother in the housework in return for her being provided with a home. May 15, 1941, the savings account was placed in the joint names of plaintiff and her daughter, allegedly for the sole purpose of providing for the daughter in case of plaintiff's death. November 7, 1941, shortly Before starting on a trip to Florida, plaintiff also made out a deed to the Franklin street property in favor of the daughter as a joint tenant. The deed was recorded but possession thereof remained with plaintiff. Consideration recited was $1 and love and affection. About January 13, 1942, following a minor dispute concerning her refusal to turn out a light in her bedroom, Alberta left the home of her mother and went to live with her father. A day or two later the defendants called at the Franklin street address in the absence of plaintiff and packed and removed the daughter's belongings. They also took the passbook to the above-mentioned savings account from plaintiff's bedroom and immediately thereafter presented it to the bank, withdrawing the entire amount of $1,547.60 from the savings account, and re-depositing it in Alberta's name. The money was later withdrawn and $247.60 of the same was held out for attorney's fees in anticipation of litigation and $1,300 was deposited in the name of Albert J. McGuire. Upon discovery of the withdrawal of the money from the savings account plaintiff brought this suit in equity, seeking under separate causes of action, to recover the money and cancel the deed.

The nine specification of points may be comprehended in the propositions: 1. Whether the complaint states a cause of action (a) against Alberta for both the money and the real property; (b) against McGuire for a money judgment. 2. Sufficiency of the...