Blaisdell v. Leach

Citations

• 101 Cal. 405
• 35 P. 1019
• 1894 Cal. LEXIS 1048

Syllabus

<p>Deed—Execution—Signature of Grantor—Agency—Ratification.— The requirement of section 1091 of the Civil Code that a grant of real property shall be subscribed by the grantor in order that the title may be transferred thereby does not render it necessary that his signature shall be affixed by himself, but it may he affixed by another, if done in his presence and by his direction, or he may adopt and ratify a signature made by another without previous authority.</p> <p>3d. —Acknowledgment of Grantor—Estoppel. —Where a person named in a grant of real property appears in person before a notary and acknowledges a signature attached thereto as his own he is estopped from afterwards denying his declaration, as well as his signature, against any one who, without any other notice or knowledge than is conveyed by the deed, parts with his property on the strength thereof.</p> <p>Id.—Mistake of Married Woman—Opportunity for Examination— Bona Eide Purchaser.—Where a married woman acknowledges a signature to a deed as her own signature, under the mistaken belief that the instrument was a lease which she had signed, and it appears that the instrument was handed to her by the notary for her examination, and that she had every opportunity for determining its nature, her ae-' knowledgment of the execution and validity of the deed estops her from questioning that fact as against a subsequent mortgagee of the grantee, who is without notice or knowledge other than that conveyed by the deed.</p> <p>Id.—Deed Voidable for Fraud, Not Void.—When a man knows that he is conveying or doing something with his estate, hut does not ask what is the precise effect of the deed, because he is told that it is a mere form, and has such confidence in his solicitor as to execute the deed in ignorance, the deed so executed, although it may be voidable upon the ground of fraud, is not a void deed.</p> <p>Id.—Suffering of Innocent Persons—Maxims.—Where one of two innocent persons must suffer by the act of