Cranmer v. Porter

Citations

• 41 Cal. 462

Syllabus

<p>Destruction or Cancellation oe Deed.—The destruction or cancellation of a deed, after it has been delivered, does not revest the title in the grantor, even if destroyed or canceled with the consent of all the parties for the express purpose of restoring the title to the grantor. The title cannot be restored to the grantor otherwise than by a reconveyance in writing.</p> <p>Defense in Ejectment.—If the plaintiff in ejectment relies on a paper title, the defendant may show the true title to he outstanding in a third person, without connecting himself with it.</p> <p>New Trial on Newly Discovered Evidence.—If the plaintiff in ejectment relies on a paper title, and recovers judgment, and after the trial the defendant discovers that prior to the commencement of the action the plaintiff had conveyed the title to a third person, a new trial should he granted.</p>