Bernal v. Gleim

Citations

• 33 Cal. 668

Syllabus

<p>Mortgage of Property by Husband.—Where real property is owned by the husband as his separate property, or by the husband and wife as their common property, a conveyance or mortgage thereof by the husband alone is valid.</p> <p>Title Arising by Presumption.—The possession of real property raises the prosumption of title in the possessor. The possession of property, occupied by both husband and wife, which is either their common property or the separate property of the husband, is deemed in law to be the possession of the husband.</p> <p>Validity of Sheriff’s Deed.—A Sheriff’s deed, which was executed before the expiration of the six months, allowed for redemption, after sale on execution or order of sale on judgment of foreclosure, is void for want of power to execute it at that time. (Gross v. Fowler, 21 Cal. 392, is cited as authority.)</p> <p>Color of Title.—Color of title is that which in appearance is title, but which in reality is no title. It is that which the law will consider prima facie a good title, but which, by reason of some defect, not appearing on its face, does not in fact amount to title. An absolute nullity, as a void deed or judgment, will not constitute color of title.</p> <p>Presumption of Findings of Fact.—In this Court, the presumption of the finding of facts by the Court below will not extend to a fact not within the issue.</p>