Conlin v. Ryan

Citations

• 47 Cal. 71

Syllabus

<p>Complaint to enforce Execution of a Deed.—In an action to compel a party to make a second deed to the plaintiff, in place of one which has been lost without being recorded, an averment in the complaint, that the plaintiff demanded a deed and offered to pay the expenses, but that the defendant refused, is a sufficient averment of demand.</p> <p>One Demand for Deed Sufficient.—When a party is entitled to have a second deed in place of one that has been lost, one demand for its execution is sufficient. The party is not required to wait a reasonable time after the first demand, and then make a second demand.</p> <p>Making a Second Deed in Place of One Lost.—If a deed is lost or mislaid, and cannot, after diligent search, he found, and has not been recorded, and the party receiving it is thereby deprived of written evidence of his title, a Court of equity will compel the grantor to make a second deed.</p> <p>Idem.—In such case, the question of the negligence, if any, by which the loss of the deed was occasioned, is not to be considered, except with reference to costs.</p> <p>Demand for a Deed.—The rule that after a reasonable time a -second demand for a deed must be made, does not prevail in this State.</p> <p>Preservation of Title Papers to Land.—Even gross neglect in the preservation of title papers to land will not forfeit the estate nor bar the claim to be relieved against their loss.</p>