Stoner

Stoner v. Walsh

Good Law
101 Cal. Rptr. 485·1972 Cal. App. LEXIS 1179·24 Cal. App. 3d 938
Court of Appeal of CaliforniaApril 17, 1972Civ. 38728California1,685 words

Opinion

Opinion

Fleming, J.

This appeal is from an order staying enforcement and execution by Claire P. Stoner of a judgment secured by her against Joe Walsh. The judgment was the outgrowth of a domestic melodrama played in 1967 when Joe and Claire, friends and coworkers at North American Aviation since 1959, each filed suit for divorce from their respective spouses Lois and Robert with further matrimony in mind. Joe negotiated a property settlement with his wife Lois and agreed to pay her $10,690 for her interest in their house and furniture on Wynkoop Avenue and a waiver of support. But a hitch developed. Lois wanted payment in cash, and Joe had no cash. “The divorce is off,” Joe told Claire. But Claire had money in her savings account, and she was willing to lend $10,690 to Joe. Joe promised to give her a note secured by a deed of trust on the Wynkoop house, for which he shortly thereafter substituted a promise of a deed of trust on apartments on Manchester Avenue he planned to acquire in trade for the Wynkoop house. On 23 August 1967 Claire withdrew $10,690 from her savings account and gave it to Joe, who paid it to his wife Lois, who in turn quitclaimed the Wynkoop house to Joe and thereafter…

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