Metropolitan Life Ins. Co. v. Davies

• Decision Date: 03 January 1940
• Docket Number: 27741.
• Citation: Metropolitan Life Ins. Co. v. Davies, 97 P.2d 686, 2 Wn.2d 155 (Wash. 1940)
• Parties: METROPOLITAN LIFE INS. CO. v. DAVIES et al.
• Court: Washington Supreme Court

97 P.2d 686

2 Wn.2d 155

METROPOLITAN LIFE INS. CO. v. DAVIES et al.

No. 27741.

Supreme Court of Washington

January 3, 1940

Department 1.

Action by the Metropolitan Life Insurance Company, as purchaser of farm land at mortgage foreclosure sale, against Docia Davies Docia Davies as administratrix of the estate of Lewis Davies deceased, and the Associated Seed Growers, to foreclose lien for interest which had accrued upon purchase price and taxes paid during time allowed for redemption, upon crops produced on farm during such period. The Associated Seed Growers paid into the registry of the court the money they owed as result of purchasing the crops in question. From judgment for the plaintiff, Docia Davies and Docia Davies, as administratrix of the estate of Lewis Davies, deceased, appeal.

Affirmed.

Appeal from Superior Court, Spokane County; Louis F. Bunge, judge.

R. L Edmiston, of Spokane, for appellant.

Orville W. Duell, of Spokane, and Hamblen, Gilbert & Brooke, of Spokane, for respondent.

SIMPSON Justice.

This action was instituted by plaintiff, as purchaser of farm lands at a mortgage foreclosure sale, to foreclose a lien for interest which had accrued upon the purchase price, and taxes paid during the time allowed for redemption, upon wheat and peas produced on the farm during that period.

The complaint was in the ordinary form and, in addition to alleging the facts showing the basis of the lien, alleged that defendant Associated Seed Growers, a corporation, had in its possession $922.72 received from the sale of peas produced on the farm. The complaint further alleged the death of Lewis Davies, the owner of the land at the time the mortgage was foreclosed, and the appointment of Docia Davies as administratrix of his estate.

Defendant Docia Davies, for hereself individually and as administratrix of the estate, filed an answer, which consisted of a general denial of the right of plaintiff to foreclose its lien and four affirmative defenses, the whole designed to show that the foreclosure action was void and that she had title to the property upon which the wheat and peas had been produced.

The affirmative answers were long and included many statements relative to the original purchase of the farm lands, and to subsequent transactions concerning the rights of defendant Docia Davies.

Summarized, the defenses alleged that the land upon which the mortgage was given was the community property of Docia Davies and her husband, Lewis Davies; that she acquired a community interest in the entire south one half of the section by virtue of a contractual agreement made with Lewis Davies prior to their marriage in 1910, by the terms of which she gave her promise of marriage and advanced one thousand dollars as part of the purchase price of the southwest quarter in consideration that the whole property in question should, after their marriage, become the property of the community; that she and her husband acquired a community homestead right in the southeast quarter by reason of the fact that it had been continuously occupied by her husband and his family since 1882, and by the community of Lewis and Docia Davies and their family since their marriage in 1910; that the community received no benefit from the mortgage signed by her husband alone, without her knowledge or consent; that her rights were not affected thereby, nor by the foreclosure action to which she was not made a party.

Based upon the foregoing allegations, defendant Docia Davies prayed that plaintiff take nothing by its complaint, that the mortgage and proceedings relative to its foreclosure, including the sheriff's sale and deed, be adjudged void and of no effect, and that defendant's title to the south one half of the section be quieted as against plaintiff.

In its reply plaintiff denied the allegations relative to the community character of the real estate and the allegations concerning the acquisition of the homestead.

For an affirmative reply, plaintiff alleged that the real property was acquired by Lewis Davies prior to his marriage with the defendant Docia Davies, and that, in prior litigation concerning the title to the property in question, to which defendant was a party, she had unsuccessfully asserted her claims of title on the same grounds as set forth in her affirmative answer.

At the conclusion of the trial, the court made findings of fact and conclusions of law favorable to plaintiff and entered its decree foreclosing the lien. Defendant, Docia Davies, in her individual capacity and as administratrix of her husband's estate, has appealed.

The assignments of error relate to the admission of evidence, certain findings made by the court, and the entry of judgment in favor of respondent.

Associated Seed Growers paid into the registry of the court the money they owed as the result of purchasing the wheat and peas.

The facts as shown by the record, in so far as necessary to a decision of this case, are as follows: The property concerned in this litigation is described as the south half of section thirty-two, township twenty-two North, range forty-four E.W.M. January 20, 1885, Lewis Davies filed application for a homestead upon the southeast quarter of section thirty-two. At that time he was married to Mozella Davies, who resided with him on the land until her death in 1887. A short time afterward, Lewis Davies made final proof and received a patent from the United States. In the year 1891, Davies married Maud Davies, from whom he was divorced November 3, 1903. The divorce decree awarded to Lewis Davies the southeast quarter of section thirty-two, and Maud Davies, by quit claim deed, conveyed the same property to him October 3, 1903.

Lewis Davies purchased the southwest quarter December 2, 1909, taking title in his own name. Appellant furnished one half of the down payment of two thousand dollars pursuant to the terms of an oral contract whereby it was agreed between appellant and Lewis Davies that the entire south one half of the section would become the property of the community after their marriage. Appellant and Lewis Davies were married December 2, 1910. Title to both the southeast and southwest quarters continued to stand in the name of Lewis Davies until deeded to appellant April 21, 1934.

May 1, 1929, Lewis Davies borrowed from respondent the sum of $15,000, and, to secure its payment, gave a mortgage upon the south one half of section thirty-two. Appellant did not sign the note or mortgage. The amounts due were not paid, and, April 5, 1934, respondent filed in the superior court of Spokane county its complaint to foreclose the mortgage. Appellant was not made a party defendant. The action was contested, and resulted in a judgment of foreclosure which was affirmed by this court on appeal. Metropolitan Life Ins. Co. v. Davies, 190 Wash. 329, 67 P.2d 867

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July 13, 1935, appellant intervened in an action instituted by Mozella E. Davies against the...