Handy

Tizar Handy (appellant) brought an action to quiet title to real property, recover damages and cancel a grant deed purportedly executed by himself and his wife, Maryalice L. Handy (Maryalice), claiming his name had been forged. The named defendants were Maryalice, R. J. Shiells (R. J.), John S. Shiells (John), the Black Company (John’s surety), James Randolph Adams (Adams), David Shumaker, doing business as Secured Properties (Shumaker), Richard Selzer, doing business as Selzer Realty (Selzer), and the Ukiah Coast Title Company. Various defendants cross-claimed among themselves for damages and/or indemnity; however, the disposition of those actions is not the subject of this appeal. In addition, Selzer was dismissed from the case before judgment.

I. Facts

The facts determined by the trial court are as follows: Appellant and Maryalice were owners in joint tenancy of a residence located at 1753 Lockwood Drive in Ukiah, California (the house). The couple were in default on a secured promissory note in the amount of $9,754.51 and, therefore, the house was set for trustee’s sale on the morning of October 3, 1979. On October 2, Shumaker and Adams approached Maryalice and…