Mark
Mark v. Title Guarantee & Trust Co.
Opinion
Lead Opinion
Jennings, J.
The appeal herein is taken by the plaintiff from a judgment denying to her the relief which she sought by the institution of the action. Plaintiff’s complaint, which was filed November 23, 1927, alleged that at all times therein mentioned she was the wife of defendant William Mark; .that on April 25, 1923, defendant Title Guarantee & Trust Company, being the record owner of the legal title to lot 69 of tract 5780 in the city of Los Angeles, California, entered into a contract with William Mark whereby said owner agreed to sell to William Mark and the latter agreed to buy the above-described real property; that William Mark made the payments required by the terms of the contract from moneys earned by him during coverture; that on December 1, 1926, William Mark, without the knowledge or consent of plaintiff and without her joining in the sale, transfer or assignment, sold, transferred and assigned to defendants Carl Siegrist and Caroline Siegrist all his right, title and interest in and to the contract to purchase said real property theretofore entered into between him and the defendant Title Guarantee & Trust Company, for a specified sum which William Mark retained for his own use…