Blankenship v. Whaley

Citations

• 124 Cal. 300
• 57 P. 79
• 1899 Cal. LEXIS 990

Syllabus

<p>Easement—Interest in Irrigating Ditch—Executed Parol Agreement —Enforcement against Purchaser of Land. — An interest in an irrigating ditch constructed upon the lands of another is an estate in real property which is within the statute of frauds; but where the owner of the land made a parol agreement with the ■plaintiff and other persons, by the terms of which they were jointly to enlarge and increase the ■ capacity of the ditch, and were jointly to use the ditch and the water flowing therein for irrigating purposes, and there was such an execution of the parol agreement on the plaintiff’s part as to entitle the plaintiff to enforce it in equity against the original owner of the land, it may be enforced against purchasers from such owner, if they took with knowledge or notice of the plaintiff’s equitable interest.</p> <p>Id.—Title op Purchasers at Administrator’s Sale—Caveat Emptor— Record Title—Notice of Defects.—Purchasers of land at an administrator's sale are subject to the maxim caveat emptor, and are not warranted in the title purchased; but they are nevertheless subject to the recording acts, and are not charged with constructive notice of secret defects which do not appear of record when their deed is recorded.</p> <p>Id.—Notice op Plaintiff’s Rights—Pleading—Proof—Omission to Find.—If there is nothing of record to charge the purchasers with notice of plaintiff’s rights when their deed was recorded, it is incumbent upon the plaintiff, who seeks to enforce the executed parol agreement as against such purchasers, to plead and prove that; they took the title with notice or knowledge of the plaintiff’s rights, and an omission to find upon that material question is ground for reversal of a judgment in favor of the plaintiff, enforcing his rights as against the purchasers.</p> <p>Id.—Reservation in Administrator’s Deed—Order of Court—Ambiguous Finding.—An administrator is not authorized to make a reservation in his deed which will operate to create any new inte