De Arguello v. Bours

Citations

• 67 Cal. 447
• 8 P. 49
• 1885 Cal. LEXIS 666

Syllabus

<p>Reed—Pilling in Blank aftee Execution—Leqal Title.—A deed in which the name of the grantee is left blank by the grantor at the time of its execution, and afterward inserted without his authority, does not convey any title, nor does it become sufficient for the purpose of passing the legal title from the fact that the grantee enters into possession and pays the purchase price.</p> <p>Ejectment—Equitable Defense—Pleading.—In an action of ejectment, where the plaintiff has the legal title, and the defendant is in possession under a contract of purchase from one under whom the plaintiff claims, and has fully complied with the terms of the contract, the equitable title thus vested in the defendant may be pleaded in defense of the action. The facts constituting the defense must he fully stated in the answer, but a prayer for equitable relief is not required, nor is it material that the defendant may by lapse of time or other cause have lost his right to such relief.</p>