Dalton v. Hamilton

Citations

• 50 Cal. 422

Syllabus

<p>Complaint in Equity.—If the complaint, in an action to compel the defendant to make a conveyance of real estate, alleges facts which show that the plaintiff has the legal title already, upon which he may recover in ejectment, the bill contains no equity.</p> <p>Relief in Equity.—If a party, who, in pursuance of a contract by another, made with him, has received a conveyance which vests him with the legal title to an undivided one-third of a piece of land, afterwards sets up,- as against his grantor, an adverse claim of title to the whole tract, and ignores the rights of his grantor, this fact does not enable the grantor to call upon a court of equity to divest the grantee of his title, or to compel him to surrender it to the grantor.</p> <p>Oohsibuctioit 03? a Deed.—A deed by which the grantor bargains, sells, and conveys, carries with it an after-acquired title of the grantor.</p>