DeLany v. Knapp

Citations

• 111 Cal. 165
• 43 P. 598
• 1896 Cal. LEXIS 561

Syllabus

<p>Homestead upon Public Lands — Transfer by Patentee—Reconveyance—Divestiture of Exemption.—Although the title acquired by patent from the government of the United States by a homestead claimant is not subject to execution for any debt contracted prior to the issuance of the patent, so long as the title remains vested in the patentee, yet, where the patentee conveys all of his interest in the property, and subsequently acquires title by deed of grant from the transferee, he takes it divested of its homestead character and exemption, which do not revive upon his repurchase.</p> <p>Id. —Conveyance without Consideration — Secret Trust—Protection of Bona Fide Purchaser—Execution Creditor of Homestead Claimant.—The title of an execution creditor who has made a bona fide purchase for value under execution sale against- the original homestead claimant, upon a levy made after the transfer of the property by such homestead claimant, and its reconveyance to him, is protected as against any secret trust of which he had no notice, arising from the fact that the conveyance was made by the homestead claimant without consideration to protect the title against his creditors; aud the fact that the execution creditor could not complain of the transfer, will not defeat the title so acquired by him in good faith without notice of any latent equity.</p> <p>Id.—Riqhts of Subsequent Purchasers—Incompetent Proof of Latent Equity.—Subsequent purchasers from the homestead claimant after the rights of the bona fide purchaser at execution sale had accrued, occupy no better position than would the homestead claimant himself; and neither he, nor those claiming under him, can defeat the title thus obtained by proof of a so-called “latent equity ” in favor of the homestead claimant; and evidence of such equity is incompetent.</p>