Beattie v. Crewdson

Citations

• 124 Cal. 577
• 57 P. 463
• 1899 Cal. LEXIS 1037

Syllabus

<p>Notice to Subsequent Pubciiasee — Possession under Unrecorded Deed.—An unrecorded deed is valid as between the parties and as against subsequent purchasers having notice thereof, and the possession of the grantee of such unrecorded deed is notice of his title to a subsequent purchaser from the same grantor.</p> <p>In.—Protection of Bona Fide Purchaser—Burden of Proof as to Notice.—The subsequent purchaser cannot be protected as a bona fide purchaser if he had notice, actual or constructive, of the occupant’s prior title, at any time before payment of thq money; and the burden of proof Is upon him to show that he had nut such notice.</p> <p>Id.—Findings—Possession and Notice—Sufficiency of Evidence.—The evidence reviewed, and held sufficient to support findings as to the possession and improvements by the first purchaser under an unrecorded deed which was lost; and that a subsequent grantee and succeeding grantees claiming under the same grantor, each had notice of the rights of the occupant, and that none of •them were bona fide purchasers for value, without notice.</p> <p>Id.—Immaterial Finding as to Taxes—Adverse Possession not Involved.—A finding that the first purchaser had paid taxes upon the premises possessed by him for five years next preceding the commencement of the action is not material, no adverse possession being involved, as against a subsequent purchaser claiming under the same grantor, with notice of the rights of the occupant; and if such finding is not supported by the evidence it is error without injury.</p> <p>Id.—Procurement of Tax Deeds by Subsequent Purchaser—Title not Strengthened—Notice to Purchaser. — A subsequent purchaser claiming under the same grantor, and having notice of the rights of a prior purchaser in possession, cannot strengthen his title by procuring an outstanding tax title, with like notice.</p> <p>Id.—Record upon Appeal—Tax Deeds not Shown—Decision against Validity. — The tax deeds not being printed in the record upon ap