The Civil Code of the State of California Volume 1 - Softcover

California

 
9781236534958: The Civil Code of the State of California Volume 1

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Inhaltsangabe

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...is applied. The section cited from the statute of this State goes beyond the usual covenant of warranty; it provides that the new estate " shall immediately pass to the grantee," and that the conveyance shall be as valid as if such estate had been in the grantor at the time of the execution. The effect, then, of its provislrant, bow far conclusive on purchaser. Conveyance by pwnor for lifo or for years. (Irsnt made on condition subsequent Instrument to pass an ostate on condition urecodent oniy an executory contract. ions upon a conveyance of premises in fee is the same as if it were written upon its face that the grantor conveyed all the estate which he then possessed, or which he might at any time thereafter acquire.--Clark vs. Baker, 14 Cal., p. 630. As a quitclniin deed only purports to release and quitclaim whatever interest the grantor possesses at the time (San Francisco vs. Lawton, 18 Cul., p. 465), it does not convey a subsequently acquired title.--Morrison vs. Wilson, 30 Cal., p. 344; Cadiz vs. Majors, 33 Cal., p. 289. 1107. Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded. 1108. A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. 1109. AVTiere a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to...

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