La Liberty v. La Liberty

This is an action brought by respondent for the partition of four lots in the city of Los Angeles in which he alleges he and appellant each owned a one-half interest. The parties are husband and wife and both are of mature age. They became acquainted in February or March, 1921, were married in January, 1923, and separated in 1926. They had both been previously married, respondent once, and appellant twice.

In August, 1922, appellant purchased two of the four lots in question here and had them conveyed to' herself. During the same month she arranged to acquire, under an executory contract of purchase and sale, the two additional lots which are the subject of this action. This was about five months before her marriage with respondent. The purchasers named in the contract were “George A. La Liberty and Bertha C. La Liberty, his wife, as joint tenants with right of. survivorship ’ ’. The purchase price of the lots was fully paid before this action was instituted.

Shortly after her marriage to respondent, appellant deeded the two lots which had been granted to her in August, 1922, to S. A. Durfee who immediately reconveyed them to “Geo. A. La Liberty and Bertha C. La Liberty, his…