COSTA v. NEVES (1937)

We have examined the petition of respondent for rehearing in this matter, but adhere to our former opinion. However, petitioner feels that without certain findings being set forth he will be handicapped in the full presentation of his matter to the Supreme Court in case of a petition for a hearing before that tribunal, and in order that petitioner may have every opportunity to have his case fully reviewed we incorporate herewith findings VIII, IX, and X, which read as follows:

“VIII. That on February 19th, 1934, said Alfonso Bastos made and executed a deed of said real property to said A. P. Costa; that said deed was recorded in the office of the County Recorder of the County of Merced, in Book 416 of Official Records, at page 345; that said Alfonso Bastos received no consideration for the making and execution of said deed; that said deed was made by the parties thereto, and recorded, with the intent to delay and defraud said Larry Ferreira, a creditor of said Alfonso Bastos; that said deed was made and executed by the parties thereto to defeat the said judgment recovered by said Larry Ferreira against said Alfonso Bastos; that said Alfonso Bastos never did by said deed or otherwise intend thereby to divest himself of title to said real property therein except as above found.

“IX. That on the 3rd day of May, 1934, said Larry Ferreira made and executed a quitclaim deed of said real property to A. P. Costa; that said deed was never recorded; that said A. P. Costa paid no consideration for said deed to said Larry Ferreira or to said Alfonso Bastos; that the consideration for said deed was paid by Alfonso Bastos to said Larry Ferreira; that said deed was executed by said A. P. Costa to fully consummate the plan, design, and intent of A. P. Costa and Alfonso Bastos to defraud and delay said creditor of said Alfonso Bastos and to defeat the full satisfaction of said judgment then held by said Larry Ferreira against said Alfonso Bastos; that said A. P. Costa by becoming the grantee in said deed never intended thereby to divest Alfonso Bastos of any title to said property except as hereinabove found; that in said transaction said Alfonso Bastos by consenting to said Larry Ferreira making said deed to A. P. Costa, never intended to divest himself of his title to said real property except as hereinabove found.

“X. That prior to the filing of the complaint herein, and at the time of filing the complaint herein, Amos O. Williams, the administrator of the estate of Alfonso Bastos, deceased, claimed to be in possession of said real property, through and by a tenant, to–wit, Neves, under written lease, and since said time and ever since he has claimed to be in possession of said real property by said tenant. That said Neves first leased said premises from Bastos and paid rent to him until the time of deed from Bastos to Costa; then paid to Costa to September 1, 1934, and thereafter to Williams to date.”

Rehearing is denied.

PER CURIAM.