Christy v. Fisher

Citations

• 58 Cal. 256

Syllabus

<p>Patent Issued to Executors—Legal Title—Conveyance—Tenant in common-—Ejectment.—In ejectment plaintiff deraigned title under a patent from the United States to H. V. & P. as executors of E. and under a deed of two of the patentees as executors.</p> <p>Held, that the patent was valid and vested the legal title in the patentees; that the conveyance of two of the patentees as executors of P. transferred to their grantees the legal title to an undivided two thirds of the land included in the deed; that it was immaterial whether they in their deed described themselves as executors or conveyed in their individual capacity, and that it was therefore unnecessary to consider the validity of an order of the Probate Court for the sale of the land.</p> <p>Tax Title.—One who is under a moral or legal obligation to pay the taxes, is not in a position to become a purchaser at a sale for such taxes; and if such person permits the property to be sold'and buys it in, either in person or indirectly through the agency of another, he does not thereby acquire any right or title to the property, but his purchase is deemed a mode of paying the taxes.</p>