Scott
Scott v. Staggs
Opinion
Opinion
Griffin, J.
This is an action for partition of real and personal property and for an accounting. Plaintiff and appellant Orville R. Scott and defendants and respondents Roy R. Staggs and his wife, Bessie, acquired certain unimproved real property in Crestline Village. Plaintiff owned a one-half interest and defendants Staggs, as joint tenants, owned the other one-half interest. Plaintiff paid one-half of its cost price and the Staggs paid the other one-half. By oral agreement, they agreed that it would be improved with rental buildings and that the income therefrom would be divided on a 50-50 basis. This was done and the rental units were furnished with the customary furniture and effects. On September 16, 1947, these parties all conveyed their interest in the property to defendant Verna Anderson. It was then immediately reconveyed to plaintiff and defendants Staggs. Both of these conveyances were without consideration. Through inadvertence in drawing the deeds, defendant Anderson erroneously retained an undivided interest therein. Defendants Staggs occupied and operated the rental property. It is alleged by plaintiff that they failed and refused to account to plaintiff for his one-half of…