Varvaris v. Varvaris

Decision Date15 October 1963
Docket NumberNo. 51139,51139
Citation255 Iowa 800,100 A.L.R.2d 1215,124 N.W.2d 163
Parties, 100 A.L.R.2d 1215 Alex VARVARIS, Eexecutor of the Estate of Steve Christ Varvaris, Deceased, Appellee, v. Lois VARVARIS, Appellant.
CourtIowa Supreme Court

Francis J. Pruss, Cedar Rapids, for appellant.

Lynch, Dallas, Smith & Harman and Thos. L. Woods, Cedar Rapids, for appellee.

MOORE, Justice.

This is a replevin action by executor of the estate of Steve Christ Varvaris, deceased, against the surviving spouse for possession of two automobiles and the title certificates thereto. The certificates show title of both vehicles in decedent at time of his death. Defendant claims a right to them by virtue of a gift inter vivos. At the close of the evidence the trial court overruled defendant's motion for a directed verdict, sustained such a motion by plaintiff and entered judgment for plaintiff. Defendant has appealed.

Defendant asserts the court erred in (1) overruling her motion for directed verdict, (2) sustaining plaintiff's motion, (3) limiting cross-examination of plaintiff and (4) limiting evidence by defendant as to possession of the two automobiles and the certificates.

Plaintiff's petition alleges decedent at the time of his death was the owner of a 1960 Buick, bearing model No. 4419, and certificate of title thereto bearing No. 57-223368, and a 1950 Buick, model No. 41D and certificate of title thereto bearing No. 57-154153; the value of said property is approximately $4000; defendant wrongfully detains possession from plaintiff; it was not taken from him by any order of a court and the cause of retention of said property is that defendant claims the same by virtuae of a gift from decedent during his lifetime. Defendant's answer admits she claims the two vehicles by virtue of a gift from decedent during his lifetime. It admits the property was not taken by any court order and denies all other allegations of plaintiff.

The evidence is that after more than a month's hospitalization Steve Christ Varvaris died September 6, 1961. He was defendant's husband and had been a partner with his brother Alex in The Hub restaurant in Cedar Rapids for several years. Executor's letters were issued by Linn County district court to Alex as executor of Steve's estate. Defendant for some time prior to and at the time of her husband's death had possession of both Buicks and the keys thereto. About the time he was appointed executor, Alex opened the restaurant partnership safe and voluntarily handed the two title certificates to defendant. She retained them until the trial when they were introduced and received as plaintiff's exhibits 1 and 2. Each certificate, as described in plaintiff's petition, shows decedent as owner of the described vehicles. No assignment appears on either certificate. The Linn County treasurer's records show decedent as owner.

On cross-examination of plaintiff, defendant's counsel sought to establish the conversation between plaintiff and defendant when the certificates were handed to her and also plaintiff's reasons for doing so. The court sustained objections to these inquiries. Likewise the court sustained objections to defendant's offer to prove decedent 'had told her in the hospital that she was to have the cars; that she was to get the titles from the safe at The Hub restaurant and take them home.' $The trial court's rulings on the motions for directed verdict and the evidentiary problems are based on the holding that no gift of the automobiles could be made without an assignment of the certificates of title as required by section 321.45(2), Code of Iowa, I.C.A. It provides:

'2. Except as provided in section 321.50 and except for the purpose of section 321.493 no person shall acquire any right, title, claim or interest in or to any vehicle subject to registration under this chapter from the owner thereof except by virtue of a certificate of title issued or assigned to him for vehicle or by virtue of a manufacturer's or importer's certificate delivered to him for such vehicle; nor shall any waiver or estoppell operate in favor of any person claiming title to or interest in any vehicle against a person having possession of the certificate of title or manufacturer's or importer's certificate for such vehicle for a valuable consideration. Except as provided in section 321.50 and except for the purpose of section 321.493, no court in any case at law or equity shall recognize the right, title, claim or interest of any person in or to any vehicle subject to registration sold or disposed of, or mortgaged or encumbered, unless evidenced by a certificate of title or manufacturer's or importer's certificate duly issued or assigned in accordance with the provisions of this chaspter.' Section 321.50 relates to lien provisions. Section 321.493 relates to liability for damages. Neither of these exceptions is claimed here.

I. The doctrine of gift is so well settled and fundamental that citation of authority hardly seems necessary. A gift inter vivos takes place by mutual consent of the giver, who divests himself of the thing taken in order to transmit the title to the donee gratuitously, and the donee who accepts and acquires legal title to it. It operates, if at all, during the donor's lifetime, immediately and irrevocably. If is a gift exceuted; and no further act of the parties and no contingency is needed to give it effect. Taylor v. Grimes, 223 Iowa 821, 273 N.W. 898; Woodward v. Woodward, 222 Iowa 145, 268 N.W. 540; In re Estate...

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19 cases
  • Farmers Butter and Dairy Co-op. v. Farm Bureau Mut. Ins. Co., 54938
    • United States
    • United States State Supreme Court of Iowa
    • April 13, 1972
    ...title, and 'disposed of' means to get rid of, alienate, give, or bargain away as by selling. See Code § .1(2); Varvaris v. Varvaris, 255 Iowa 800, 803, 124 N.W.2d 163; Carpenter v. Lothringer, 224 Iowa 439, 448, 275 N.W. 98; Ironside v. Ironside, 150 Iowa 628, 632, 130 N.W. 414; Black's Law......
  • Luke v. American Family Mutual Insurance Company, Civ. 70-24S.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • April 29, 1971
    ...storage and towing. ICA § 321.45 (2); Calhoun v. Farm Bureau Mutual Ins. Co., 255 Iowa 1375, 125 N.W.2d 121 (1963); Varvaris v. Varvaris, 255 Iowa 800, 124 N.W.2d 163 (1963). It remains to be determined, however, whether the 1959 Oldsmobile was at that time an automobile owned by the named ......
  • Calhoun v. Farm Bureau Mut. Ins. Co., 51194
    • United States
    • United States State Supreme Court of Iowa
    • December 10, 1963
    ...had but one case involving whether title to a motor vehicle has passed without an assignment of the title certificate. In Varvaris v. Varvaris, Iowa, 124 N.W.2d 163 (filed October 15, 1963) we held a gift inter vivos of two automobiles was not completed without assignment of title certifica......
  • Rick v. Boegel, 54875
    • United States
    • United States State Supreme Court of Iowa
    • March 28, 1973
    ...depends on ownership, and if nothing further appears, it is presumed that the owner is entitled to possession. Varvaris v. Varvaris, 255 Iowa 800, 124 N.W.2d 163 (1963). In neither his motion to dismiss nor on appeal does defendant argue that ownership of stock can not be transferred withou......
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